HomeMy WebLinkAboutHUNTINGTON HILLS PUD FIFTH - Filed OA-OTHER AGREEMENTS - 2003-12-03HUNTINGTON HILLS P.U.D., FILING NO. 5
AMENDMENT AGREEMENT NO. 1
THIS AMENDMENT AGREEMENT, made and entered into this j1 Day of
of 199L, by and between the CITY OF FORT COLLINS, COLORADO, a municipal
corporation, ("City") and HUNTINGTON HILLS, L.L.C. OF COLORADO, a Colorado limited
liability company ("Developer"), is an amendment to that certain Development Agreement dated
September 14, 1995 by and between the City and the HUNTINGTON HILLS, L.L.C. OF
COLORADO, a Colorado limited liability company, hereinafter referred to as the "Development
Agreement "
WHEREAS, the City and the Developer previously executed the Development
Agreement, and
WHEREAS., the parties are presently desirous of modifying the Development Agreement,
NOW, THEREFORE, in consideration of the promises of the parties hereto and other
good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the
parties agree that subheading II (Special Conditions) Paragraph C shall have the following sub-
paragraph added to read as follows to wit:
7- A stability study for Fossil Creek from Lemay Avenue to College Avenue shall be
prepared by Lidstone and Anderson, Inc. The Stormwater Utility and the Division of Park
Planning and Development shall each be responsible for one-third of the cost of the study.
The Developer shall be responsible for the final one-third of the cost of the study
IN WITNESS WHEREOF, the parties hereto have set their hands the day and year first
above written.
THE CITY OF FORT COLLINS, COLORADO,
a Municipal Corporation
By:
Cit anager
F`TEST
�,
CITY CLERK
not be unreasonably withheld, and to receive a copy of all bids and the final accepted
remodel contract. Huntington agrees to pay Rocky Mountain a sum equal to the
lowest competitive bid by three contractors, provided that if the actual construction
costs exceed said bid due to circumstances not reasonably forseeable at the time of
the bid, Huntington agrees to pay the amount of such unforseen extra costs. No
extra costs shall be attributable to upgrades or enhancements. In the event of any
dispute concerning whether such additional cost is due to unforeseeable
circumstances or is attributable to an "upgrade" or "enhancement", a third party
contractor, agreeable to both parties, will make a binding determination on the
matter. If the lowest competitive bid is more than 10% lower than the next lowest
competitive bid, Rocky Mountain may cause the lowest bidder to specifically confirm
all components of the bid before such bid is deemed to be the lowest competitive bid
for purposes of this Agreement.
The payment of the Rocky Mountain Modification Amount by Huntington to Rocky
Mountain shall constitute settlement of and payment in full to Rocky Mountain for all
damages, claims and causes of action of whatsoever nature and kind against
Huntington with the exception of obligations of Huntington created by or in connection
with this Agreement. Rocky Mountain shall indemnify and hold Huntington harmless
from any and all claims from any tenants of the Rocky Mountain Property, including
any claims by tenants of Rocky Mountain tenants for damage and/or loss of profits or
trespass arising from the construction of the Skyway Drive Improvements, the
improvements on Parcel D or the southwest corner area of Parcel D, or utilization of
the construction easements so long as Huntington and its contractor complete the
Skyway Drive Improvements and the Parcel H and H-1 Improvements substantially in
accordance with the City approved plans and specifications within the forty-five (45)
day construction period (as modified by any delays authorized by Section 7 hereof),
provided, however, this indemnification obligation does not extend to and specifically
excludes indemnification to Huntington, its employees or agents, for any claims of
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negligence arising from the acts or omissions of Huntington with respect to the
Skyway Drive and Parcels H and H-1 Improvements or its contractors or agents and
so long as the Rocky Mountain Property has reasonable access over Parcel A. Rocky
Mountain covenants that neither Rocky Mountain nor its tenants will interfere with
Huntington's or the City s use of the temporary construction easements or the
construction of the Skyway Drive Improvements. Huntington may commence
construction of the north side of the Skyway Drive Improvements as soon as the
building modifications of Lot 22 have been completed but in any event, Huntington
may commence construction on the north side of Skyway Drive not later than sixty
days of the execution of this Agreement and may commence construction of the south
side of Skyway Drive as set forth in paragraph 9 hereof. Huntington, at the time of the
execution of this Agreement by Rocky Mountain Investments and the City of Fort
Collins, will escrow with the law firm of Hasler, Fonfara & Maxwell (the "Law Firm"),
the sum of Sixty Two Thousand Nine Hundred Sixty Four Dollars ($62,964.00). At such
time as the lowest competitive bid amount has been determined in the manner set
forth above, the escrow agent shall pay to Rocky Mountain a sum equal to such bid
and the amount that Huntington has agreed, by separate agreement, to pay to Rocky
Mountain for the conveyance of Parcel C. If the amount of the lowest competitive bid
amount is less than $50,000.00, then the Law Firm shall pay the difference between
$50,000 and 110% of the lowest competitive bid to Huntington. If the lowest competitive
bid is more than $50, 000, then Huntington shall pay the difference to Rocky Mountain
within ten 00) days of notification of the amount of such bid, together with a copy of
such bid. The ten percent (10%) of the 110% of the competitive bid amount is intended
to be used to cover any unforeseen costs ( not enhancements or changes), in the
building modification competitive bid and the Law Firm may advance to Rocky
Mountain such amount of such ten percent (10%) as may be necessary to cover actual
job costs. Any funds of the ten percent (10%) amount after payment of actual job
costs shall be paid to Huntington the earlier of five days after job completion or five
days after the 10% contingency fund has been expended. Any amounts claimed to be
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in excess of the 10% escrow shall be handled as provided above.
10. Conveyances. At the time of the closing of this Agreement, Rocky Mountain
will convey Parcels A and C to the City and Huntington will convey Parcels E and H to
the City and Rocky Mountain will execute temporary construction easements for
Parcels D and D-1 in the form attached hereto as Exhibits C and D. Conveyance of
Parcel A shall be by special warranty deed and subject to exceptions set forth in
Schedule B, Section 2 of Security Title's title commitment, and the conveyance of
Parcels C, E and H shall be by quit claim deed, and all parcels shall be conveyed free
and clear of all liens and encumbrances and subject only to easements in place or of
record, reservations and restrictions of record, and taxes for 1995, none of which shall
unreasonably interfere with the establishment of Skyway Drive as a public street. The
legal descriptions of Parcels E and H are attached hereto and incorporated by
reference herein as Exhibits G and H.
11. Closing. The closing of this Agreement shall be held on September 12, 1995
at 3:00 p.m. Attached hereto as Exhibit I is a title commitment. The City has reviewed
and accepts this title commitment and shall have the right to obtain a title policy on
any or all parcels located thereon at the City's sole expense.
12. Miscellaneous. Rocky Mountain agrees to allow Huntington, during the
period of October 1, 1995 to June 4, 1998, and at a rental rate as provided below, to
locate signage K by 4') on Parcel D in the area of the revised frontage road and US
Highway 287 to publicize the 1996 Showcase of Homes located at Huntington. Such
signage shall be in accordance with the applicable governmental entity regulations
governing signs. Rocky Mountain and Huntington will cooperate in the location and
design of the sign so as to minimize the interference with such sign with the signage of
the other areas of the Rocky Mountain Property. Huntington shall pay for any permits
and fees necessary for the installation and use of such signage. Rocky Mountain
A'.\skysmc.doc 1 O
eves
grants to Huntington the option to maintain signage similar to the Showcase of Homes
signage for a rental rate of One Thousand Dollars ($1,000.00) per year for the time
period of October 1, 1995 to May 31, 1998. Such rental rate shall be payable at the
rate of $1,000.00 per year commencing October 1, 1995 until May 31, 1998, and each
year thereafter in advance. Should Huntington fail to make such payment by the
applicable October I st date, Rocky Mountain may not terminate said lease until after
ten (10) days prior notice to Huntington and Huntington may cure any delinquency by
paying the annual rent due during such ten day notice period. For any rental period
for less than a full year, the rent shall be pro rated. Huntington shall pay for any
permits and/or fees associated with such signage and such signage shall be in
accordance with the applicable governmental entity regulations governing signs.
13. Default. In the event that any party should default in performance of its
obligations under this Agreement, the other parties shall be entitled to the remedies of
specific performance or damages or both.
14. Notices. All notices, consents, requests, demands and other
communications under this Agreement shall be in writing and shall be deemed to
have been duly given or delivered if delivered personally or mailed by certified mail,
return receipt requested, with proper postage prepaid:
(a) To City:
Matt Baker
SID Coordinator
281 No. College
Fort Collins CO 80524
(b) To Rocky Mountain:
Russell Stacey, M.D.
330 Cottonwood Court
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9/]/95
With a Copy to:
Paul Eckman, Esq.
P.O. Box 580
Fort Collins CO 80522
With a Copy to:
Mike Maxwell, Esq.
Hasler, Fonfara & Maxwell, P.C.
(c ) To Huntington:
Huntington Hills, L.L.C. of Colorado
650 South Cherry St., Suite 435
Denver, CO 80222
Attn: Marcus Palkowftsh
Fort Collins CO 80521
With a Copy to:
David L. Osborn, Esq.
217 West Olive Street
Fort Collins CO 80521
or at such other address as the parties hereto shall have last designated by notice to
the other parties. Any item so mailed shall be deemed to have been delivered on the
third business day following the date on which it was so mailed.
15. Entire agreement: modifications. This Agreement contains the entire
agreement among the parties hereto with respect to the transactions contemplated
herein, and all prior understandings and agreements among the parties hereto with
respect to the transaction contemplated hereby are hereby terminated in their entirety
and are of no further force or effect. This Agreement shall not be modified or
otherwise amended except by an instrument in writing signed by or on behalf of the
parties hereto.
16. Governing law. This Agreement shall be governed by and construed and
enforced in accordance with the substantive laws, and not the conflicts laws, of the
State of Colorado and the courts of the State of Colorado shall have sole and
exclusive jurisdiction and venue to determine disputes arising out of the terms and
conditions of this Agreement.
17. Waiver. At any time prior to or on the Closing Date any party hereto may
waive in writing compliance with any condition to its obligations hereunder. No waiver
shall be effective unless given in writing. No waiver by any party hereto of its rights
under any provisions of this Agreement shall constitute a waiver of such party's rights
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under such provision at any other time or a waiver of such party's rights under any
other provision of this Agreement. No failure by any party to take any action on
account of any breach of this Agreement or default by another party shall constitute a
waiver of the former party's rights to enforce any provision of this Agreement or to take
action against such breach or default or any subsequent breach or default by such
party.
18. Assignment. This Agreement shall not be assignable by any party hereto
without the express written consent of the other parties to this Agreement.
19. Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be deemed an original, but all of which together shall
constitute one and the same instrument. For purposes of this Agreement, facsimile
signatures shall be deemed as originals.
20. Headings. The section headings in this Agreement are for convenience
of reference only and shall not be deemed to alter or affect any provision hereto.
21. Expenses. Each party shall bear its own costs and expenses, including
fees and expenses of counsel and accountants, except that Huntington will
reimburse Rocky Mountain $1500.00 for attorney's fees plus one-half (1/2) of all
attorney's fees incurred above $1500.00, up to a maximum total amount of $2500.00.
22. Cumulative nature of rights and agreements. The parties' various rights
and remedies in this Agreement are cumulative and nonexclusive of one another
and that each party's several undertakings and agreements contained herein, are
severable covenants independent of one another and of any other provisions or
covenants of this Agreement. The parties agree that the existence of any claim by
one or more of them against the other party, whether predicated on this Agreement
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or otherwise, shall not constitute a defense to enforcement by the other party of any
or all of such provisions or covenants. If any provision or covenant, or any part
thereof, of this Agreement should be held by any court to be invalid or
unenforceable, either in whole or in part, such invalidity or unenforceability will not
affect the validity or enforceability of the remaining provisions or covenants, or any
part thereof, of this Agreement, all of which shall remain in full force and effect.
Should any covenant contained herein be held by any court of competent
jurisdiction to be overly broad so as to be unenforceable, the parties agree that any
such court may enforce so much of such covenant or restriction as is otherwise
enforceable.
23. Survival. All covenants and agreements referred to or contained in this
Agreement calling for performance after the Closing shall survive the Closing.
24. Attorneys fees. If any party employs an attorney or attorneys to enforce
the provisions hereof, the prevailing party (whether by settlement or suit) shall be
paid its reasonable attorney's fees by the non -prevailing party.
ROCKY MOUNTAIN INVESTMENTS, a Colorado
General Partnership f
Title: General Partner R Title: General Partner
HUNTINGTON HILLS, L.L.C. OF COLORADO, a
Colorado Limited Liability Company
By:
�: ,l
Marcu S. Palkowitsh, Manager
A:\skysiao.doc 14
9//95
THE CITY OF FORT COLLINS, a Municipal
Corporation
By: QL
John F. fVschbach, City Manager
STATE OF COLORADO )
)ss.
COUNTY OF LARIMER )
The foregoing instrument was
19�5, by Marcus S. Palkowitsh, Man
Notary Public
My commission expires:
STATE OF COLORADO
)ss.
COUNTY OF LARIMER
On
ATTEST:
City Clerk
E rcv t/,s �To��011`11T!
Nowt' ph 0620IA
this day of��
.L.C. of Colorado.
The foregoing instrument was acknowledged before me this,' �� day of `s' ° /W
1995, by John Fischbach, City Manager, of the City of Fort Collins.
Notary Public
My commission expires:
STATE OF COLORADO )
)ss.
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me this iJ't, day of J t ,
1995, by Russell Stacey, Jr. anaStep? e= «madder, General Partners of Rocky Mountain
Investments.
Notary Public
My commission expires: ��hl
My, Commission Fxpires July 13, 1997
n-\skystac.aoc 1707 North Main Street
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LEGAL DESCRIPTION - PARCEL A
ACCESS EASEMENT - STACY PROPERTY
A parcel of land in the Northwest One -Quarter of Section 12, Township 6 North, Range 69
West of the Sixth Principal Meridian, City of Fort Collins, County of Larimer, State of
Colorado and also being a part of Lot 22 of The Kelmar Strip - Second Filing as recorded
in Book 1425 at Page 247 (also found at Reception No. 975269) in the records of the
County of Larimer; more particularly described as follows:
Commencing at the West One -Quarter Corner of said Section 12; thence S89040'00"E and
along the South line of said Northwest One -Quarter, a distance of 87.20 feet to the
Southwest corner of said Lot 22 also being the Point of Beginning; thence N00"18'00"W,
a distance of 124.93 feet along the West lot line of said Lot 22 to a non -tangent point on
a curve to the left; thence Southeasterly along said curve to the left whose center bears
N89042'00"E, having a central angle of 17051'02", a radius of 50.00 feet, an arc distance
of 15.58 feet and whose chord bears S09013'31"E, 15.51 feet to a point of tangency;
thence along said tangent line S18009'02"E, a distance of 45.61 feet to a -point of curvature
to the right; thence along said curve to the right whose center bears S71 050'58"W, having
a central angle of 17051'02", a radius of 75.00 feet, an arc distance of 2.3.37 feet and
whose chord bears S09°13'31"E, 23.27 feet to a point of tangency; thence along said
tangent line S00018'00"E, a distance of 23.48 feet; thence S89°32'54"E, a distance of 4.84
feet; thence S44055'27"E, a distance of 10.18 feet; thence S00018'00"E, a distance of
12.75 feet to a point on said South line of said Northwest One -Quarter and also being a
point on the South lot line of said Lot 22; thence N89040'00"W and along said South line
of said Northwest One -Quarter and along said South lot line of said Lot 22, a distance of
32.00 feet to the Point of Beginning; containing 1,932 square feet or 0.044 acres.
r
X:L9018041LEGALSA.SKYWAY.LGL 1
APPROVED AS TO CONTENT:
Director of Engineering
APPROVEdAS TO FORM:
City Attorney
DEVELOPER:
Huntington Hills L.L.C. of Colorado, a Colorado
limited liability company
By: %/2 - ✓ t c
M rcus Pa cowitsh, Manager
EXHIBIT "C"
DEED OF TEMPORARY CONSTRUCTION EASEMENT
THIS DEED, made this _ day of , 1995, between ROCKY MOUNTAIN
INVESTMENTS, a Colorado General Partnership, "Grantor", whose address is 330
Cottonwood Court, Longmont, Colorado 80501 and HUNTINGTON HILLS, L.L.C. OF
COLORADO, a Colorado Limited Liability Company, with an address of 650 South Cherry
St., Suite 435, Denver, Colorado 80222, hereinafter referred to as "Grantee".
WITNESSETH:
That for and in consideration of the covenants and agreements herein set forth, the
sum of one dollars and no/100 Dollars ($1.00) and other good and valuable consideration
in hand paid by the Grantee to the Grantor, the receipt and adequacy of which is hereby
acknowledged, the Grantor hereby grants, sells and conveys to the Grantee, its
successors and assigns, a temporary construction easement on, over, across and in the
Easement Area located on certain lands which are situated in the City of Fort Collins,
County of Lorimer, State of Colorado, being more full described in Exhibit A which is
attached hereto and by this reference, made a part hereof (the "Easement Area") for the
purpose of constructing Skyway Drive ("Skyway") which is immediately adjacent to and
south of the Easement Area. Grantor further grants to Grantee the right to mark the
locations of said easement with suitable markers.
1. As a condition to the granting of this temporary construction easement, Grantee
covenants and agrees to restore the Easement Area to a level reasonably comparable
with its original condition prior to the commencement of construction activities.
2. Grantee hereby covenants and agrees to indemnify and hold Grantor harmless
from and against any claims of liens, including mechanic's or materialmen's liens
against the Easement Area or the Grantor's property, and against any permanent
damage to the Easement Area or the Grantor's property, or injury to persons arising out
of or in connection with the activities of Grantee on or about the Easement Area. Such
indemnification shall survive termination or expiration of this Easement in accordance
with its terms.
3. The Grantor states that it is the lawful owner in a fee simple of the real property
described herein; that it has a good and lawful right and authority to grant, sell and
convey said property or any part thereof and that it warrants the title of said property.
4. This Easement shall automatically expire upon the earlier of the completion and
acceptance of Skyway Drive by the City of Fort Collins or May 31, 1996. Notwithstanding
I
the foregoing, Grantee agrees, to the extent necessary and appropriate, to execute any
such release or other similar documents as may be reasonably necessary to evidence,
of record, the termination and expiration of this Easement.
5. Grantee covenants and agrees to exercise its rights granted by this easement
in a reasonable manner so as to not unreasonably interfere with the use and operation
of the Grantor's Property or ingress and egress to same except for such reasonable
intereference as may be necessary to effect the construction of Skyway Drive
Improvements.
6. Assignment. Grantee shall have the right to assign its rights under this
Agreement to the City of Fort Collins, but such assignment shall not release Grantee from
any of its duties or obligations herein.
Whenever used herein, the singular number shall include the plural, the plural the
singular, and the use of any gender shall be applicable to all genders. All of the
covenants herein contained shall be binding upon and inure to the benefit of the parties
hereto, their respective heirs, personal representatives, successors and assigns.
IN WITNESS WHEREOF, the Grantors and Grantees have hereunder set their
hands and seals the day and year first above written on the day of
, 1995.
ROCKY MOUNTAIN INVESTMENTS, a
Colorado General Partnership
By:
General Partner
GRANTEE:
HUNTINGTON HILLS, L.L.C. OF COLORADO
a Colorado Limited Liability Company
By:
Marcus S. Palkowitsh, Manager
STATE OF COLORADO )
)ss.
COUNTY OF LARIMER )
7
The foregoing instrument was acknowledged before me this day of
1995, by Marcus S. Palkowitsh, Manager of Huntington Hills, L.L.C. of Colorado, a
Colorado Limited Liability Company.
Notary Public
My commission expires:
STATE OF COLORADO )
)ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
1995, by as General Partner of Rocky Mountain Investments, a Colorado
General Partnership.
Notary Public
My commission expires:
3
RUG-15-1995 15:50 JP. ENGINEERING P•02
LEGAL DESCRIPTION -PARCEL D- } i Ulm l l n 67b
CONSTRUCTION EASEMENT - STACY PROPERTY
A parcel of land located in the Northwest One -Quarter of Section 12, Township 6 North,
Range 69 West of the Sixth Principal Meridian, City of Fort Collins, County of Larimer,
State of Colorado and also being a part of Lot 22 of The Kelmar Strip - Second Filing as
recorded in Book 1425 at Page 247 (also found at Reception No. 976269) in the records
of the County of Larimer, more particularly described as follows:
Commencing at the West One -Quarter Corner of said Section 12; thence S89°40'00"E and
along the South line of said Northwest One -Quarter, a distance of 427.19 feet and along
the South lot line of said Lot 22 to the Southeast comer of said Lot 22; thence
N00022'1 T W and along the East lot line of said Lot 22, a distance of 12.12 feet to the
Point of Beginning; thence N89°32'54"W, a distance of 307.99 feet; thence N22045'49"E,
a distance of 10.81 feet; thence S89032'54"E, a distance of 239.03 feet; thence
N00018104"W, a distance of 35.00 feet; thence S69032'54"E, a distance of 64.72 feet to
a point on the East line of said Lot 22; thence S00018'04"E and along said East fine of Lot
22, a distance of 45.00 feet to the point of beginning; containing 5,324 square feet or 0.122
acres_
X:L901804U.EGALs\SKYWAY2.LGL 4
EXHIBIT "D"
DEED OF TEMPORARY CONSTRUCTION EASEMENT
THIS DEED, made this _ day of 1995, between ROCKY MOUNTAIN
INVESTMENTS, a Colorado General Partnership, "Grantor", whose address is 330
Cottonwood Court, Longmont, Colorado 80501 and THE CITY OF FORT COLLINS, a
Municipal Corporation with an address of 300 W. LaPorte Avenue, Fort Collins, Colorado
80521, hereinafter referred to as ,"Grantee".
WITNESSETH:
That for and in consideration of the covenants and agreements herein set forth, the
sum of one dollars and no/100 Dollars ($1.00) and other good and valuable consideration
in hand paid by the Grantee to the Grantor, the receipt and adequacy of which is hereby
acknowledged, the Grantor hereby grants, sells and conveys to the Grantee, its
successors and assigns, a temporary construction easement on, over, across and in the
Easement Area located on certain lands which are situated in the City of Fort Collins,
County of Lorimer, State of Colorado, being more full described in Exhibit A which is
attached hereto and by this reference, made a part hereof (the "Easement Area") for the
purpose of constructing Skyway Drive ("Skyway") which is immediately adjacent to and
south of the Easement Area. Grantor further grants to Grantee the right to mark the
locations of said easement with suitable markers.
1. This Deed of Construction Easement shall not become effective until Huntington
Hills, L.L.C. of Colorado ("Huntington"), shall have completed the construction of
Skyway Drive East Improvements as generally described in the Agreement between
Huntington, Grantor and Grantee dated , 1995.
2. As a further condition to the granting of this temporary construction easement,
Grantee covenants and agrees to restore the Easement Area to a level reasonably
comparable with its original condition prior to the commencement of construction
activities.
3. Grantee hereby covenants and agrees to indemnify and hold Grantor harmless
from and against any claims of liens, including mechanic's or materialmen's liens
against the Easement Area or the Grantors property, and against any permanent
damage to the Easement Area or the Grantor's property, or injury to persons arising out
of or in connection with the activities of Grantee on or about the Easement Area. Such
indemnification shall survive termination or expiration of this Easement in accordance
with its terms.
4. The Grantor states that it is the lawful owner in a fee simple of the real pr pert-:
described herein; that it has a good and lawful right and authority to grant, se'_'_ crc
convey said property or any part thereof and that it warrants the title of said property,
5. This Easement shall automatically expire upon the earlier of the completion and
acceptance of the South College Intersection Improvements (as such term is defined in
the Skyway Drive Acquisition and Construction Improvement Agreement between
Grantee and Huntington Hills, or May 1, 1996. Notwithstanding the foregoing, Grantee
agrees, to the extent necessary and appropriate, to execute any such release or other
similar documents as may be reasonably necessary to evidence, of record, the
termination and expiration of this Easement.
6. Grantee covenants and agrees to exercise its rights granted by this easement
in a reasonable manner so as to not unreasonably interfere with the use and operation
of the Grantor's Property or ingress and egress to same except for such reasonable
intereference as may be necessary to effect the construction of Skyway Drive
Improvements.
Whenever used herein, the singular number shall include the plural, the plural the
singular, and the use of any gender shall be applicable to all genders. All of the
covenants herein contained shall be binding upon and inure to the benefit of the parties
hereto, their respective heirs, personal representatives, successors and assigns.
IN WITNESS WHEREOF, the Grantors and Grantees have hereunder set their
hands and seals the day and year first above written on the day of
, 1995.
GRANTOR:
ROCKY MOUNTAIN INVESTMENTS, a
Colorado General Partnership
Bv:
General Partner
GRANTEE:
THE CITY OF FORT COLLINS, a Municipal
Corporation
By: Qt 4 • ' .ju
2
Approvcf Ao orm
Deputy CitY(�Adomey
Title:
ATTEST:
���
City Clerk
STATE OF COLORADO )
)ss.
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me this /" �f'day of
1995, by of The City of Fort Collins, a Municipal Corporation.
Notary Public
My commission expires: ' ,
STATE OF COLORADO )
)ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
1995, by as General Partner of Rocky Mountain Investments, a Colorado
General Partnership.
Notary Public
My commission expires:
3
FUG-15-1995 15:51 JR ENGINEERING P'0:3
LEGAL DESCRIPTION - PARCEL D — C,�TY
CONSTRUCTION EASEMENT - STACY PROPERTY
A parcel of land located in the Northwest One -Quarter of Section 12, Township 6 North,
Range 69 West of the Sixth Principal Meridian, City of Fort Collins, County of Larimer,
State of Colorado and also being a part of Lot 22 of The Kelmar Strip - Second Filing as
recorded in Book 1425 at Page 247 (also found at Reception No. 975269) in the records
of the County of Larimer; more particularly described as follows:
Commencing at the West One -Quarter Comer of said Section 12; thence S89"40'00"E and
along the South line of said Northwest One -Quarter, a distance of 119.20 feet and along
the South lot line of said Lot 22; thence N00018'00"W a distance of 12.75 feet to the point
of beginning; thence N44055'27"W, a distance of 10.18 feet; thence N89'32'54"W, a
distance of 4.84 feet; thence N00"18'00"W, a distance of 23.48 feet to a point of curvature
to the left; thence along said curve to the left whose center bears S89042'00"W, having a
central angle of 17"51'02", a radius of 75.00 feet, an are distance of 23.37 feet and whose
chord bears N09"13'31"W, 23.27 feet to a point of tangency; thence along said tangent line
N18"09'02"W, a distance of 45.61 feet to a point of curvature to the right; thence along
said curve to the right whose center bears N71 °50'58"E, having a central -angle of
17051'02", a radius of 50.00 feet, an arc distance of 15.58 feet and whose chord bears
N09°13'31"W, 15.51 feet to a point on the West lot line of said Lot 22; thence
N89042'00"E, a distance of 10.00 feet to a point of curvature to the left; thence along said
curve to the left whose center bears N69042'00"E, having a central angle of 17°51'02", a
radius of 40.00 feet, an arc distance of 12.46 feet and whose chord bears S09013'31 "E,
a distance of 12.41 feet to a point of tangency; thence along said tangent line
S18009'02"E, a distance of 45.61 feet to a point of curve to the right; thence along said
curve to the right whose center bears S71 050'58"W, having a central angle of 17"51'02",
a radius of 85.00 feet, an arc distance of 26.48 feet and whose chord bears S09"13'31"E
a distance of 26.37 feet to a point of tangency; thence along said tangent line
S00"18'00"E, a distance of 14.54 feet; thence S44"55'27"E, a distance of 8.86 feet; thence
S22"45'49"W a distance of 10 81 feet to the point of beginning; containing 1,153 square
feet or 0.027 acres.
X:W j 804LLEGALS�.SK'FwAY2.LGL
LEGAL DESCRIPTION - PARCEL C
RIGHT-OF-WAY - STACY PROPERTY
A parcel of land located in the Northwest One -Quarter of Section 12, Township 6 North,
Range 69 West of the Sixth Principal Meridian, City of Fort Collins, County of Larimer,
State of Colorado and also being a part of Lot 22 of The Kelmar Strip - Second Filing as
recorded in Book 1425 at Page 247 (also found at Reception No. 975269) in the records
of the County of Larimer; more particularly described as follows:
Commencing at the West One -Quarter Corner of said Section 12; thence S89 040'00"E and
along the South line of said Northwest One -Quarter, a distance of 87.20 feet to the
Southwest corner of said Lot 22; thence continuing along said South line S89040'00"E and
along the South lot line of said Lot 22, a distance of 32.00 feet to the Point of Beginning;
thence N00°18'00"W, a distance of 12.75 feet; thence S89032'54"E, a distance of 307.99
feet to a point on the East lot line of said Lot 22; thence S00022'11"E and along the East
lot line of said Lot 22, a distance of 12.12 feet to a point on said South line of said
Northwest One -Quarter and also the Southeast comer of said Lot 22; thence N89040'00"W
and along said South line of said Northwest One -Quarter and the South lot line of said Lot
22, a distance of 307.99 feet to the Point of Beginning; containing 3,830 square feet or
0.088 acres. S�L� c t0
e�uPirw
XA901804\LEGALS\.SKYWAY.LGL 3
7L1L-21-1995 i1=08 JR ENGINEERING
P. B2.1 4
LEGAL DESCRIPTION - PARCEL D
CONSTRUCTION EASEMENT - STACY PROPERTY
A parcel of land located in the Northwest One -Quarter of Section 12, Township 6 North,
Range 69 West of the Sixth Principal Meridian, City of Fort Collins, County of Larimer,
State of Colorado and also being a part of Lot 22 of The Kelmar Strip - Second Filing as
recorded in Book 1425 at Page 247 (also found at Reception No. 975269) in the records
of the County of Larimer; more particularly described as follows:
Commencing at the West One -Quarter Corner of said Section 12; thence S89040'00"E and
along the South line of said Northwest One -Quarter, a distance of 427.19 feet and along
the South lot line of said Lot 22 to the Southeast comer of said Lot 22; thence
N0002211 "W and along the East lot line of said Lot 22, a distance of 12.12 feet to the
Point of Beginning; thence N89'32'54"W, a distance of 307.99 feet; thence N22045`49"E.
a distance of 10.81 feet; thence S89032'54"E, a distance of 239.03 feet; thence
N00' 18'04"W, a distance of 35.00 feet; thence S89032754"E, a distance of 64.72 feet to
a point on the East line of said Lot 22; thence 800018'04"E and along said East fine of Lot
22, a distance of 45.00 feet to the point of beginning; containing 5,324 square feet or 0.122
acres_
X,\90I 004\LEGALSLSKY WAY2.LGL
SKYWAY DRIVE ACQUISITION AND
CONSTRUCTION IMPROVEMENTS AGREEMENT
ROCKY MOUNTAIN INVESTMENTS
THIS AGREEMENT is made and entered into this L day of
by and between ROCKY MOUNTAIN INVESTMENTS, a Colorado General
Partnership, hereinafter referred to as 'Rocky Mountain" and HUNTINGTON HILLS,
L.L.C. OF COLORADO, a Colorado Limited Liability Company, hereinafter referred to
as "Huntington" and the CITY OF FORT COLLINS, a Municipal Corporation,
hereinafter referred to as the "City".
RECITALS:
WHEREAS, Rocky Mountain is the owner of certain improved real property
located in the County of Larimer, State of Colorado, legally described as Lot 22, the
Kel-Mar Strip, Second Filing, a subdivision located in the Northwest one quarter (NW
1/4) of Section 12, Township 6 North, Range 69 West of the 6th P.M., hereinafter
referred to as the 'Rocky Mountain Property'.
WHEREAS, Huntington is the owner of certain real property east of the Rocky
Mountain Property and intends to develop and improve Skyway Drive which is a
street located in the County of Larimer, State of Colorado, the location of which is
generally shown on Exhibit A which is attached hereto and incorporated by reference
herein, and is hereinafter referred to as "Skyway Drive".
WHEREAS, the City has agreed to purchase and acquire the portions of the
Rocky Mountain Property designated as Parcel A on Exhibit A attached hereto and
incorporated by reference herein to facilitate the dedication of Skyway Drive to the
A:\skvstaadoc 1
9/7/95
-------------
LEGAL DESCRIPTION - PARCEL E
RIGHT-OF-WAY - HUNTINGTON HILLS PROPERTY
A parcel of land located in the Southwest One -Quarter of Section 12, Township 6 North,
Range 69 West of the Sixth Principal Meridian, City of Fort Collins, County of Larimer,
State of Colorado and also being a part of the 30-Foot Service Road North of Lot 21 of the
Kel-Mar Strip Subdivision as recorded in Book 9 at Page 96 (also found at Reception No.
913846) in the records of the County of Larimer; more particularly described as follows:
Commencing at the West One -Quarter Corner of said Section 12; thence S89 040'00"E and
along the North line of said Southwest One -Quarter, a distance of 87.20 feet to the
Southwest lot corner of Lot 22 of The Kelmar Strip - Second Filing as recorded in Book
1425 at Page 247 in the records of the County of Larimer also being the Point of
Beginning; thence continuing along said North line of said Southwest One -Quarter and
along the South lot line of said Lot 22 S89°40'00"E, a distance of 339.99 feet; thence
S00018'00"E, a distance of 30.00 feet to the Northeast comer of said Lot 21 of the Kel-Mar
Strip Subdivision; thence N89040'00"W and along the North lot line of said Lot 21, a
distance of 339.99 feet to the Northwest corner of said Lot 21; thence N00018'00"W, a
distance of 30.00 feet to the Point of Beginning; containing 10,200 square feet or 0.234
acres.
X:L9018041LEGALs\sKYWAY.LGL 5
LEGAL DESCRIPTION - PARCEL H
RIGHT-OF-WAY
A parcel of land located in portions of the Northwest One -Quarter and the Southwest One -
Quarter of Section 12, Township 6 North, Range 69 West of the Sixth Principal Meridian,
City of Fort Collins, County of Larimer, State of Colorado and also being portions of the 30-
Foot Service Road between Huntington Hills Filing No. 1 and the Plat of Lynn Acres in
Book 1460 at Page 621 and the Kel-Mar Strip Subdivision in Book 9 at Page 96 (also
found at Reception No. 913846) and The Kelmar Strip - Second Filing in Book 1425 at
Page 247 (also found at Reception No. 975269) all in the records of the County of Larimer,
more particularly described as follows:
Commencing at the West One -Quarter Comer of said Section 12; thence S89040'00"E and
along the North line of said Southwest One -Quarter, a distance of 427.19 feet to the
Westerly line of said 30-Foot Service Road and the Southeasterly comer of Lot 22 of said
The Kelmar Strip - Second Filing also being the Point of Beginning; thence N00022'11"W
and along the Easterly lot line of said Lot 22 and the Westerly line of said-30-Foot Service
Road, a distance of 12.12 feet; thence S89032'54"E, a distance of 30.01 feet to the
Easterly line of said 30-Foot Service Road and the Westerly boundary of said Huntington
Hills Filing No. 1; thence S00°20'19" and along the common line between the said 30-Foot
Service Road and said Huntington Hills Filing No. 1, a distance of 11.73 feet to a point on
said North line of said Southwest One -Quarter, thence S00017'44"E and along a common
line between said 30-Foot Service Road and the Westerly boundary of said Plat of Lynn
Acres, a distance of 30.33 feet; thence N89°40'00"W, a distance of 30.00 feet; thence
N00°18'00"W, a distance of 30.00 feet to a point on said North line of said Southwest One -
Quarter said point also being the Point of Beginning; containing 1,262 square feet or 0.029
acres.
XA901804LL.EGALS1SK'MAY.LGL 8
E I.IF'I PIT H
SCHEDULE C - CONTINUED
PARCEL 11-1=
A parcel of land located in the Southwest One -Quarter of Section 12, Township B North,
Range 69 West of the Sixth Principal Meridian, City of Fort Collins, County of Lorimer,
State of Colorado and also being portions of the 30-Foot Service Road between
Huntington Hills Filing No. 1 and the Plat of Lynn Acres in Book 1460 at Page 621 and the
Kel-Mar Strip Subdivision in Book 9 at Page 96 (also found at Reception No. 913846) and
The Kelmar Strip - Second Filing in Book 1425 at Page 247 (also found at Reception No.
975269) all in the records of the County of Lorimer, more particularly described as follows:
Commencing at the West One -Quarter Comer of said Section 12; thence S89040'001E and
along the North line of said Southwest One -Quarter, a distance of 427.19 feet to the
Westerly line of said 30-Foot Service Road and the Southeasterly corner of Lot 22 of said
The Kelmar Strip - Second Filing also being the Point of Beginning; thence continuing
SW40'00"E a distance of 30.00 feet; thence S00017'44"E and along a common line
between said 30-Foot Service Road and the Westerly boundary of said Plat of Lynn Acres,
a distance of 30.00 feet; thence N89°40'00"W, a distance of 30.00 feet; thence
N00018'00'W, a distance of 30.00 feet to a point on said North fine of said Southwest One -
Quarter said point also being the Point of Beginning;
a� MIT
Security Title Guaranty company
343 West Drake Terrace, #200
Fort Collins, CO 80525
(303) 829-0203
D E L I V E R Y T R A N 6 14 I T T A L
DATE: AUGUST 31, 1995
ORDER NO.: F024488A95
PROP. ADDR.: Vacant, Fort Collins, Colorado
OWNER/BUYER: city of Fort Collins
PLEASE DELIVER TO THE CUSTOMERS LISTED BELOW:
___________________________________
TO: Dave Osborn TO: Paul Eckman
c/o City Attorneys Office
1 Old Town Square 300 Laporte Avenue
Fort Collins, CO 80521 Fort Collins, CO 80521
ATTN: ATIV` D
NO. OF COPIES: 04 D N0. OF COPIES: 0
5------------'-_--__
TO: Marc Palkowitsh
650 South Cherry Street #435
Denver, CO 80522
ATTN: ATTN:
NO. OF COPIES: 02 D N0. OF COPIES:
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TO; I TO.
ATTN:
NO. OF COPIES:
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TO:
ATTN:
NO. OF COPIES:
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ATTN:
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ATTN:
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TO:
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TO:
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THE ABOVE IS A LIST OF CLIENTS THE ATTACHED MATERIALS HAVE BEEN DELIVERED TO- SHOULD YOU
HAVE ANY QUESTIONS REGARDING THESE MATERIALS, PLEASE CONTACT SECURITY TITLE GUARANTY
COMPANY AT THE ABOVE PHONE NUMBER.
PLEASE REVIEW THE ENCLOSED MATERIAL CAREFULLY, TAKING NOTE OF THE FOLLOWING ITEMS
CONTAINED THEREIN:
RECEIVED:
DATE: TIME:
ee/31/95 0G:OB:30 to JE2880 FJcY FSN66A95
NOTICE TO PROSPECTIVE OWNERS
(A STATEMENT MADE AS REQUIRED BY COLORADO
INSURANCE REGULATION)
OAP PROTECTION
When this Company conducts the closing and is responsible for recording or filing the
legal documents resulting from the transaction, the Company shall be responsible for
all matters which appear on the record prior to such time of recording or filing.
NECEANIC'S LIEN PROTECTION
If you are a buyer of a single family residence you may request mechanic's lien
coverage to be issued on your policy of insurance.
If the property being purchased has not been the subject of construction,
improvements or repair in the last six months prior to the date of this conuLitment
the requirements will be payment of the appropriate premium and the completion of an
Affidavit and Indemnity by the seller.
If the property being purchased was constructed, improved or repaired within six
months prior to the date of this commitment the requirements may involve disclosure
of certain financial information, payment of premiums, and indemnity, among ot-hQrs.
The general requirements stated above are subject to the revision and approval
of the Company.
SPECIAL TAXING DISTRICT NOTICE
(A Notice Given In Conformity With Section 10-11-122 C.R.S.)
The subject land may be located in a special taxing district; a certificate of taxes
due listing each taxing jurisdiction shall be obtained from the county treasurer or
the county treasurer's authorized agent; and information regarding special districts
and the boundaries of such districts may be obtained from the board of county
commissioners, the county clerk and recorder, or the county assessor-
K. r F91<4MAS3
SECURITY TITLE GUARANTY COMPANY
343 West Drake Terrace, #200, Fort Collins, CO 80525, (303) 929-0203
COMMITMENT
FCHEMME A
commitment Non F02448SA95
1. Commitment Date: August 9, 1995 at 7:30 A.M.
2. Policy or Policies to be issued: Policy Amount
(a) Owners Policy - Proposad Insured: $ TBD
City of Fort Collins, a Municipal Corporation
3. you simple interest in the lend deacribed in thin Commitment is owned, at the
Commitmant Date by.,
Rocky Mountain Investments, a General Partnership, as to Parcels A and C
U-Haul Real Estate Company, a Nevada Corporation, as to Parcel B
Huntington Hills, L.L.C., of Colorado, a Limited Liability Company, as to
-Continued
A. The land referred to in this commitment is described as follows:
SEE SCHEDULE C, PARCEL A, PARCEL B, PARCEL C, PARCEL E, PARCEL H AND PARCEL
H-1
County of Larimer,
State of Colorado.
(for informational purposes only) Vacant
PREMIUM:
Owner's Policy
08/31/95 06:0B:29 to JE2880
08/31/95 06:08:35 to JE2880
Schedule A - Item 3 continued
Order No. F024488A95
Parcels E and H-1
Huntington Hills, L.L.C., of Colorado, a Limited Liability Company and The
County of Latimer, Colorado, as their intereEts may appear, as to Parcel H
NOTE: The Company is unable to insure the fee title to Parcel H due to the
fact that this Parcel Was previously dedicated for public use on the Plat of
Kel-Mar Strip, Second Filing
File4 FK)2 S W5
08/31/95 06:08:32 to JE2880
Form No. 1344-B1 (CO-88)
ALTA Plain Language Commitment
HCHEDULE D - section 1
Order No. FO24488A95
Requirements
The following requirements must be met:
Fil.; FG2: 11.05
(a) Pay the agreed amounts for the interest in the land and/or for the mortgage to be
insured.
(b) Pay us the premiums, fees and charges for the policy.
(c) obtain a certificate of taxes due from the county treasurer or the county
treasurer's authorized agent.
(d) The following documents satisfactory to us must be signed, delivered and
recorded:
1. Deed from Rocky Mountain Investments, a General Partnership, U-Haul Real Estate
Company, a Nevada Corporation and Huntington Hills, L.L.C., of Colorado, a
Limited Liability Company to The City of Fort Collins, a Municipal Corporation
conveying title to the subject property.
NOTE: Trade Name Affidavit of Rocky Mountain Investments, a Ganeral
Partnership, recorded February 25, 1991 at Reception No- 91007498, discloses
the following parties: N. Russell Stacey, Jr. and Stephen J. Weddel_
NOTE: IF THE SALES PRICE OF THE SUBJECT PROPERTY EXCEEDS $100,000.00 THE SELLER
SHALL BE REQUIRED TO COMPLY WITH THE DISCLOSURE OR WITHHOLDING PROVISIONS OF C.R-S.
39-22-604.5 (NONRESIDENT WITHHOLDING).
.08/31/95 06:08:33 to JE2880
Form No. 1344-B2 (CO-88)
ALTA Plain Language CO=itment
Order No. F02448BA95
SCHEMLE E - Section 2
Exceptions
hi,9 F02u31, 5
Any policy we issue will have the following exceptions unless they are taken care of
to our satisfaction:
1. Taxes and Assessments not certified to the Treasurer's Office.
2_ Any facts, rights, interests or claims which are not shown by the public records
but which could be ascertained by an inspection of the land or by making inquiry
of persons in possession thereof.
3. Easements, or claims of easements, not shown by public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and
any facts which a correct survey and inspection of the land would disclose, and
which are not shown by the public records.
5- Any lien, or right to a lien, for services, labor or material heretofore or
hereafter furnished, imposed by law and not shown by the public records-
6. Any and all unpaid taxes, assessments and unredeemed tax sales
7. Protective Covenants of the within described property as filed with the
recorded Plat as modified by Appointment of Representatives for Architectural
Control recorded February 6, 1975 in Book 1633 at Page-0934 and February 2,
1978 in Book 1833 at Page 0046.
G. An easement for communication facilities and incidental purposes granted to
The Mountain States Telephone and Telegraph company by the instrument recorded
March 27, 1978 in Hook 1844 at Page 0225-
9. The following items as set forth on the plat of Kel-Mar Strip Subdivision,
to -wit:
a. An easement for utilities and incidental purposes over the Westerly Ten
(101 feet of Parcel H-1 of the land.
10. An easement for electric line and incidental purposes granted to Poudre Valley
Rural Electric Association by the instrument recorded August 26, 19BO in Book
2064 at Page 765. (Affects Parcels B, E and H-1).
I
11. An easement for electric line and incidental purposes granted to Poudre Valley
Rural Electric Association by the instrument recorded August 27, 1990 in Book
2065 at Page 354. (Affects Parcels B, E and H-1).
12. An easement for electric line and incidental purposes granted to Poudre Valley
Rural Electric Association by the instrument recorded August 27, 1980 in Book
2065 at Page 357. (Affects Parcels B, E and H-1).
--Continued
08/31/95 06:08:36 to JE2880
Form Dio. 1344-.B2 (CO-88)
ALTA Plain Language Commitment
Schedule B - Section 2 continued
Order No. FO2448BA95
RIcR rO24499A75
13. Terms, conditions, provisions, agreements and obligations specified under the
Deed of Temporary Easement by and between Willis R- Bonser and Huntington
Hills, L.L.C. of Colorado, a Colorado Limited Liability Company recorded April
21, 1995 at Reception No. 95022509. (Affects Parcel E)-
14. Terms, conditions, provisions, agreements and obligations specified under the
Deed of Temporary Easement by and between Willis R. Bonser and Huntington
Bills, L.L.C. of Colorado, a Colorado Limited Liability Company recorded April
21, 1995 at Reception No. 95022511- (Affects Parcel C).
City.
NOW, THEREFORE, for good and valuable consideration, the adequacy and
receipt of which is mutually acknowledged, the parties agree as follows:
1. Reference. All references to Parcels in this Agreement shall refer to the
Parcels and respective Parcel Numbers shown on Exhibit A attached hereto and
incorporated by reference herein.
2. Purchase Price. The purchase price of Parcel A will be determined in the
following manner: Ron Mills, City Right -of -Way Director, initially will determine the fair
market value of Parcel A. Such determination (the "City Value") will be delivered to
Rocky Mountain by September 20, 1995. If Rocky Mountain does not agree with and
accept the City Value or negotiate a purchase price satisfactory to Rocky Mountain by
September 30, 1995, then Rocky Mountain, at its expense, will secure the services of
an appraiser to determine the fair market value of Parcel A (the "Rocky Mountain
Appraisal") by October 1, 1995. The City and Rocky Mountain will have ten days
after the City's receipt of a copy of the Rocky Mountain Appraisal to negotiate a
mutually acceptable purchase price for Parcel A. If the City and Rocky Mountain
cannot agree in writing upon a mutually acceptable purchase price, then the parties
shall mutually select a local Fort Collins MAI appraiser (the "Third Appraiser") to
determine, by October 31, 1995, the fair market value of Parcel A, which
determination shall be conclusive and binding upon the City and Rocky Mountain to
establish and determine the purchase price of Parcel A. If the parties can not agree
upon the appointment of the Third Appraiser, then Huntington shall select the Third
Appraiser, which selection shall be binding and accepted by the parties. The
expense of the Third Appraiser shall be shared by the City and Rocky Mountain. The
legal description of Parcel A is attached hereto and incorporated by reference herein
as Exhibit B.
AAskystac.doc 2
9/7/95
R1,9 PODaeeA91
Order No. F029488A45
AFFIDAVIT AND INDZXNITY
TO FIRST AMERICAN TITLE INSURANCE OMFANY
1. This is written evidence to you that there are no un aid bills, and to the extent there
may be unpaid bills that the undersigned undertakes and agrees to cause the same to be paid
such that there shall be no mechanics or materialmen's liens affecting the property for
materials or labor furnished for construction and e ection, repairs or improvements on
property located at Vacant, Fort Collins, Colorado d legally described as:
SEE SCHEDULE C, PARCEL A, PARCEL H, PARCEL C
COUNTY OF LARIMER,
STATE OF COLORADO
2. We further represent that there are no
to the date of closing that would give ris
property after the date of closing-
E, PARCEL H AND PARCEL H-1
lic improvements affecting the property prior
a special property tax assessment against the
3. We further represent that there are o pending proceedings or unsatisfied ]udgments of
record, in any Court, State or Federal, nor any tax liens filed against us, and that if
there are judgments, bankruptcies, pr ate proceedings, state or federal tax liens of record
against parties with same or similar Aamea, they are not against us-
4. We further represent that they are no unrecorded contracts, leases easements or other
agreements or interests relating said premises of which we have knowledge.
5. We further represen/aociation
re in sole possession of the real property described
herein.
6. We further represene are no unpaid charges and assessments trat could result
in a lien in favor of aion of homeowners which are provided for in any document
referred to in ScheduleThe undersigned affw the matters herein stated are true and indemnifies FIRST
AMERICAN TITLE INSURANCgainst loss, costs, damages and expenses of every kind
incurred by it by reasoliance on the statements made herein.
This agreement is executed with and forms a part of the sale and/or financing of the
above described premi es, and is given in addition to the conveyance and/or financing of the
premises in consider lion for the conveyance and/or financing, and forms a complete
agreement by itself or any action thereon.
SELLER:
Rocky Mountain investments
U-Haul Real Estate Company
STATE OF COLORADO
COUNTY OF
Huntington Hills, L.L-C.
The foregoing instrument was acknowledged, subscribed and sworn to before me this
day of by Rocky Mountain Investments and U-Haul Real Estate Company
and Huntington Hills, L.L.C..
My commission expires:
Notary Public
SCHEDULE C
PARCEL A:
A parcel of land in the Northwest One -Quarter of Section 12, Township 6 North, Range 69
West of the Sixth Principal Meridian, City of Fort Collins, County of Larimer, State of
Colorado and also being a part of Lot 22 of The Keimar Strip - Second Filing as recorded
in Book 1425 at Page 247 (also found at Reception No. 975269) in the records of the
County of Larimer; more particularly described as follows:
Commencing at the West One -Quarter Corner of said Section 12; thence S89040'00"E and
along the South line of said Northwest One -Quarter, a distance of 87.20 feet to the
Southwest comer of said Lot 22 also being the Point of Beginning; thence N00018'00'W,
a distance of 124.93 feet along the West lot line of said Lot 22 to a non -tangent point on
a curve to the left; thence Southeasterly along said curve to the left whose center bears
N89042'00"E, having a central angle of 17051'02", a radius of 50.00 feet, an arc distance
of 15.58 feet and whose chord bears S09013'31"E, 15.51 feet to a point of tangency;
thence along said tangent line S18009'02"E, a distance of 45.61 feet to a -point of curvature
to the right; thence along said curve to the right whose center bears S71 °50'58'W, having
a central angle of 17051'02", a radius of 75.00 feet, an arc distance of 23.37 feet and
whose chord bears S09013'31"E, 23.27 feet to a point of tangency; thence along said
tangent line S00018'00"E, a distance of 23.48 feet; thence S89°32'54"E, a distance of 4.84
feet; thence S44055'27"E, a distance of 10.18 feet; thence S00018'00"E, a distance of
12.75 feet to a point on said South line of said Northwest One -Quarter and also being a
point on the South lot line of said Lot 22; thence N89°40'00'W and along said South line
of said Northwest One -Quarter and along said South lot t line of said Lot 22. a distance of
32.00 feet to the Point of Beginning;.
SCHEDULE C - CONTINUED ON NEXT PAGE
SCHEDULE C - CONTINUED
PARCEL B:
A parcel of land located in the Southwest One -Quarter of Section 12, Township 6 North,
Range 69 West of the Sixth Principal Meridian, City of Fort Collins, County of Larimer,
State of Colorado and also being a part of Lot 21 of the Kel-Mar Strip Subdivision as
recorded In Book 9 at Page 96 (also found at Reception No. 913846) in the records of the
County of Larimer, more particularly described as follows:
Commencing atthe West One -Quarter Comerofsaid Section 12; thence S89040'00"E and
along the North line of said Southwest One -Quarter, a distance of 87.20 feet; thence
S00' I S'00"E, a distance of 30.00 feet to the Northwest corner of said Lot 21 also being the
Point of Beginning; thence S89'40'004E and parallel with said North line, a distance of
20.17 feet along the North lot line of said Lot 21; thence S0002T41 "W, a distance of 12-76
feet to as point of curvature to the right; thence along said curve to the right whose center
bears N89032'19'W, having a central angle of 16023'51", a radius of 81.91 feet, an arc
distance of 23.44 feet and whose chord bears S08°39'36"W, 23.36 feet to a point of
tangency; thence along said tangent line S17°3T13"W, a distance of 45.29 feet to a point
of curvature to the left; thence along said curve to the left whose center bears
S72022'4T'E, having a central angle of 17055'13", a radius of 50.00 feet, an are distance
of 15.64 feet and whose chord bears S08°39'36"W, 15.57 feet to a point on the curve;
thence N00618'00'W, a distance of 94.54 feet and along the West lot line of said Lot 21
to the Point of Beginning;
SCHEDULE C - CONTINUED ON NEXT PACE
SCHEDULE C - CONTINUED
PARCEL C:
A parcel of land located in the Northwest One -Quarter of Section 12, Township 6 North,
Range 69 West of the Sixth Principal Meridian, City of Fort Collins, County of Larimer,
State of Colorado and also being a part of Lot 22 of The Kelmar Strip - Second Filing as
recorded in Book 1425 at Page 247 (also found at Reception No, 975269) in the records
of the County of Larimer; more particularly described as follows:
Commencing at the West One -Quarter Comer of said Section 12; thence S89040'00"E and
along the South line of said Northwest One -Quarter, a distance of 87.20 feet to the
Southwest corner of said Lot 22; thence continuing along said South fine S89040'00"E and
along the South lot line of said Lot 22, a distance of 32.00 feet to the Point of Beginning;
thence N00018'00"W, a distance of 12.75 feet; thence 889032'54"E, a distance of 307.99
feet to a point on the East lot line of said Lot 22; thence S00022'11"E and along the East
lot line of said Lot 22, a distance of 12.12 feet to a point on said South line of said
Northwest One -Quarter and also the Southeast corner of said Lot 22; thence N89°40'00'W
and along said South line of said Northwest One -Quarter and the South lot lin_ a of said Lot _
__22, a distance of 307.99 feet to the Point of Beginning;
SCHEDULE C - CONTINUED ON NEXT PAGE
SCHEDULE C - CONTINUED
PARCEL E1
A parcel of land located in the Southwest One -Quarter of Section 12, Township 6 North,
Range 69 West of the Sixth Principal Meridian, City of Fort Collins, County of Larimer,
State of Colorado and also being a part of the 30-Foot Service Road North of Lot 21 of the
Kel-Mar Strip Subdivision as recorded in Book 9 at Page 96 (also found at Reception No_
913846) in the records of the County of Larimer, more particularly described as follows:
Commencing at the West One -Quarter Corner of said Section 12; thence S69040'00"E and
along the North line of said Southwest One -Quarter, a distance of 87.20 feet to the
Southwest lot comer of Lot 22 of The Kelmar Strip - Second Filing as recorded in Book
1425 at Page 247 In the records of the County of Larimer also being the Point of
Beginning; thence continuing along said North line of said Southwest One -Quarter and
along the South lot line of said Lot 22 S89040'00"E, a distance of 339.99 feet; thence
S00°18'00"E, a distance of 30.00 feet to the Northeast corner of said Lot 21 of the Kel-Mar
Strip Subdivision; thence N89°40'00'W and along the North lot line of said Lot 21, a
distance of 339.99 feet to the Northwest corner of said Lot 21; thence N00018'00'1N a
distance of 30.00 feet to the Point of Beginning;
SCHEDULE C - CONTINUED ON NEXT PAGE
SCHEDULE C - CONTINUED
PARCEL H:
A parcel of land located in the Northwest One -Quarter of Section 12, Township 6 North,
Range 69 West of the Sixth Principal Meridian, City of Fort Collins, County of Larimer,
State of Colorado and also being portions of the 30-Foot Service Road between
Huntington Hills Filing No. 1 and the Plat of Lynn Acres in Book 1460 at Page 621 and the
Kel-Mar Strip Subdivision in Book 9 at Page 96 (also found at Reception No. 913846) and
The Kalmar Strip - Second Filing in Book 1425 at Page 247 (also found at Reception No.
975269) all in the records of the County of Larimer, more particularly described as follows:
Commencing at the West One -Quarter Comer of said Section 12; thence S89040'00"E and
along the South line of said Northwest One-0uarter, a distance of 427.19 feet to the
Westerly line of said 30-Foot Service Road and the Southeasterly comer of Lot 22 of said
The Kalmar Strip - Second Firing also being the Point of Beginning; thence N00°22'11'W
and along the Easterly lot line of said Lot 22 and the Westerly line of said 30-Foot Service
Road, a distance of 12.12 feet; thence S89°32'54"E, a distance of 30.01 feet to the
Easterly line of said 30-Foot Service Road and the Westerly boundary of said Huntington
Hills Filing No. 1; thence S00020'19"E and along the common line between the said 30-
Foot Service Road and said Huntington Hills Filing No. 1, a distance of 12.06 feet to a point
on said South line of said Northwest One -Quarter; thence N89040'00"W along the South
line of said Norhtwest..One-Quarter a dunce of 30.00 feet to the Point of Beginning;
SCHEDULE C - CONTINUED ON NM PAGE
SCHEDULE C - CONTINUED
PARCEL H-1:
A panel of land located in the Southwest One -Quarter of Section 12, Township 6 North,
Range 69 West of the Sixth Principal Meridian, City of Fort Collins, County of Larimer.
State of Colorado and also being portions of the 30-Foot Service Road between
Huntington Hills Filing No_ 1 and the Plat of Lynn Acres in Book 1460 at Page 621 and the
KeMAar Strip Subdivision in Book 9 at Page 96 (also found at Reception No. 913846) and
The Kelmar Strip - Second Filing in Book 1425 at Page 247 (also found at Reception No.
975269) all in the records of the County of Larimer, more particularly described as follows:
Commencing at the West One -Quarter Corner of said Section 12; thence S89040100"E and
along the North line of said Southwest One -Quarter, a distance of 427.19 feet to the
Westerty line of said 30-Foot Service Road and the Southeasterly corner of Lot 22 of said
The Kelmar Strip - Second Filing also being the Point of Beginning; thence continuing
S89040'00"E a distance of 30.00 feet; thence S00017'44"E and along a common line
between said 30-Foot Service Road and the Westerty boundary of said Plat of Lynn Acres,
a distance of 30.00 feet; thence N89°40'00' W, a distance of 30.00 feet; thence
N00018'00'W, a distance of 30.00 feet to a point on said North line of said Southwest One -
Qum ter said point also being the Point of Beginning;
SCHEDULE C - CONTINUED
PARCEL 11-1:
A parcel of land located in the Southwest On"uarter of Section 12, Township 6 North,
Range 69 West of the Slxth Principal Meridian, City of Fort Collins, County of Larimer.
State of Colorado and also being portions of the 30-Foot Service Road between
Huntington Hills Filing No. 1 and the Plat of Lynn Acres in Book 1460 at Page 621 and the
Kel-Mar Strip Subdivision in Book 9 at Page 96 (also found at Reception No. 913846) and
The Kelmar Strip - Second Filing in Book 1425 at Page 247 (also found at Reception No.
975269) all in the records of the County of Larimer, more particularly described as follows:
Commencing at the West One -Quarter Comer of said Section 12; thence S89'40'00"E and
along the North line of said Southwest One -Quarter, a distance of 427.19 feet to the
Westerly line of said 30-Foot Service Road and the Southeasterly corner of Lot 22 of said
The Kelmar Strip - Second Filing also being the Point of Beginning; thence continuing
S89040'00"E a distance of 30.00 feet; thence S00017'44"E and along a common line
between said 30-Foot Service Road and the Westerly boundary of said Plat of Lynn Acres,
a distance of 30.00 feet; thence N89040'00"W, a distance of 30.00 feet; thence
N00018'01M, a distance of 30.00 feet to a point on said North line of said Southwest One -
Quarter said point also being the Point of Beginning;
3. Temporary Construction Easements. In consideration of the Huntington's
payment of $10.00, and Huntington's undertakings and obligations under this
Agreement, Rocky Mountain will convey Parcel C to the City and will grant temporary
construction easements over and across Parcel D and Parcel D-1 as shown on Exhibit
A to the City and Huntington, such easement to be in the form attached hereto as
Exhibits C and D attached hereto and incorporated by reference. The legal
description of Parcels C and D are attached hereto and is incorporated by reference
herein as Exhibits E and F.
4. Skyway Drive Improvements. Huntington agrees to construct and improve
Skyway Drive as generally shown as Parcels C, E and H on Exhibit A, from Line L45 at
the western edge of Skyway to Line L22 on the eastern edge of Skyway as shown on
Exhibit A, in accordance with the construction specifications and regulations of the
City. Such specifications include the installation of curb, gutter, road base, asphalt
paving and a sidewalk. In connection with the improvement of Skyway Drive, other
appurtenant improvements will be completed by Huntington in the southwest corner of
Parcel D that is located adjacent to Skyway Drive in accordance with the construction
plans and specifications approved by the City for the construction of Skyway Drive on
Parcel C. The construction plan for the Skyway Drive Improvements has been
approved and initialed by all of the parties.
5. Limitation on Financial Responsibility -Rocky Mountain. Huntington agrees to
pay all engineering and construction expenses and costs with respect to the Skyway
Drive Improvements and the City agrees to pay all engineering and construction
expenses for the South College Avenue -Skyway Drive East intersection improvements
referred to in Paragraph 8 below, provided, nothing herein shall indemnify or release
Rocky Mountain from any reimbursement obligations imposed by the City or the
County of Larimer with respect to the redevelopment of the Rocky Mountain Property.
Any value attributable to the building improvements or to the value of Parcel C shall
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not be reimbursable to the City or Huntington or the County of Lorimer.
Notwithstanding this provision, the parties expressly understand that any such
reimbursement obligation that may be imposed on Rocky Mountain shall not extend
to or apply to the value of any property that is being acquired by the City pursuant to
this Agreement or the payment that Huntington is making to Rocky Mountain pursuant
to Paragraph 9 of this Agreement. The parties agree and understand that Rocky
Mountain is agreeing to the acquisition of such property in accordance with the terms
of this Agreement in lieu of and under the threat of condemnation and that such
payment is being made in lieu of condemnation. Nothing contained in this Paragraph
5 should be construed as a waiver by Rocky Mountain of any right to contest the
legality or propriety of the City, County of Lorimer or any other person or entity to seek
any reimbursement from Rocky Mountain, its successors and assigns for any and all
such engineering and construction expenses and costs with respect to the Skyway
Drive improvements and/or the South College Avenue -Skyway Drive East Intersection
improvements.
6. Huntington Indemnity. Huntington agrees, at its sole expense during the
course of its construction of Skyway Drive, to restore and repair any physical damage
arising from the construction of the Skyway Drive Improvements (or Huntington's use
of the temporary construction easement) to the Rocky Mountain Property and to
restore the remaining adjacent parking areas on the Rocky Mountain Property to a
condition as good as the condition that existed immediately prior to the
commencement of construction activities by Huntington. Huntington agrees to
indemnify and hold Rocky Mountain harmless from any mechanic lien or other claims
arising against Rocky Mountain from Huntington's construction activities, and any and
all claims of third persons (except as limited by paragraph 9 hereof) relating to said
construction activities including, without limitation, claims for negligence. Prior to
commencement of construction activities, Huntington shall provide evidence that it, or
A: Aystec doe 4
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its general contractor, has public liability insurance, in an amount not less than
$1,000,000.00, covering Huntington's construction activities and Rocky Mountain shall
be named as an additional insured party.
7. Skyway Drive Construction. Huntington agrees to commence construction
of Skyway Street Improvements not later than sixty (60) days after Huntington receives
final written approval from the City of the final construction plans for Skyway Drive
and legal authorization from the City to commence construction provided that such
construction will not unreasonably interfere with access to the doors on the south side
of Lot 22 from Skyway Drive until said doors are relocated to the north side of the
building. Subject to the City's final approval, Huntington shall install curb cuts on
Parcel D in the locations shown on the construction plans. Huntington will grade and
pave the southwest corner of Parcel D in accordance with the plans and
specifications approved by the City, and as shown on the construction plans, but such
grading and paving will be limited to those improvements adjacent to and made
necessary for the construction of Skyway Drive Improvements. Such improvements
will be done in such a manner so as not to create any new drainage problems for
Parcel D, or the southeast corner thereof, but Huntington will not be responsible for
any existing drainage or elevation problems on Parcel D or the southwest area
thereof. Once the Skyway Drive Street Improvement construction has commenced,
Huntington agrees to diligently pursue and complete this construction of the north
one-half ('/z) of Skyway Drive not later than forty five (45) days after commencement
date. Notwithstanding anything provided hereinabove, all parties agree and
understand that the construction of the Street Improvements on Skyway Drive may not
be appropriate or possible during all times of the year and if Huntington reasonably
believes it cannot commence and complete construction due to the prospect of
subsequent winter weather conditions, Huntington shall not be required to commence
such construction until a subsequent date when the construction commencement
date can be reasonably started without adverse weather conditions. Furthermore, the
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aforesaid forty five (45) day construction completion period shall be extended if
Huntington is delayed at any time during the progress of such construction, by the
acts of Rocky Mountain or third parties, or strikes, floods, unavailability of equipment
or materials or the acts of civil authorities or by any other cause beyond Huntington's
reasonable control. All parties recognize that the access to the Rocky Mountain
Property through Parcel C will be unavailable during the construction period (except
as the construction plans may identify specific construction access points). During the
period commencing with Huntington's commencement of the aforesaid construction
and ending with the completion of such construction, the City will not undertake any
construction or other activities which will interfere with Rocky Mountain or its Tenant's
access over and across Parcels A or I. The parties agree that reasonable access
shall be provided to the Rocky Mountain Property at all times. "Reasonable access"
shall mean that Rocky Mountain can access its property during regular business
hours at one of the access points shown on the construction plans.
Huntington may undertake construction of the south side of Skyway Drive upon
the execution of this Agreement provided that the construction of the south side of
Skyway Drive does not start the commencement date and forty five day completion
period referred to herein.
8. South Colleae/Skyway Drive East Intersection Improvements. The City, at its
sole expense and only after Huntington's completion of the Skyway Drive
Improvements, agrees to install improvements for the intersection of South College
Avenue and Skyway Drive East (the "South College Intersection Improvements") at the
locations shown as Parcels A and B, and Parcel G. The City will not commence
construction of the South College Intersection Improvements until Huntington's
construction of the Skyway Drive Street Improvements has been completed. Once
the construction of the South College Intersection Improvements have begun, the City
agrees to diligently pursue and complete the construction of such improvements,
except for those improvements to be located on or appurtenant to Parcel B and the
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portion of Parcel G adjacent to Parcel B (the "Parcel III Improvements"). The Parcel III
Improvements shall be completed within two (2) years and after the owners of Lot 21 of
the Kelmar Strip, First Filing, Americo Real Estate Co., remove the existing petroleum
tanks located on said Lot, if City funding is budgeted and appropriated, or otherwise
made available for such purpose. The City will use reasonable efforts during all of its
construction activities to limit the interference with the use and operation of the Rocky
Mountain Property and ingress and egress thereto.
9. Parcel D Building Modifications. In consideration of the transfer of Parcel C
to the City, Huntington agrees to pay to Rocky Mountain a sum equal to the
reasonable cost of modifying certain specified improvements on Lot 22. The parties
have set forth the specifications on Exhibityof the modification of the improvements 1J)/
that are required on the land, parking area and the building located north of Parcel D fix,
(the "Building Modifications") by reason of the transfer of Parcel C and the
improvement of Skyway Drive. The parties agree that the specifications are intended
to replace and maintain, not improve or enhance or upgrade, the current state of the
improvements, including the parking area, that have to be relocated on account of the
conveyance of Parcel C and the improvement of Skyway Drive. The replacement of
HVAC and electrical services on the interior of the building shall be done in a
reasonably equivalent manner so as to serve the same number of square feet in the
building as is currently being served. If Rocky Mountain desires any betterments,
enhancements or upgrades in excess of the agreed modifications, such upgrades
shall be at Rocky Mountain's sole expense and pursuant to a separate contract with
the general contractor performing the Building Modification. Rocky Mountain agrees
to obtain competitive written bids from three local general contractors, to construct the
Building Modifications. Each of such "bidding" contractors shall agree to allow Don
Kehn Construction to be one of the subcontract bidders on the land and parking area
improvements on Parcel D. Prior to bid letting, Huntington shall have the right to
approve at least two of the three building general contractors, which approval shall
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