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HomeMy WebLinkAboutEAST RIDGE - Filed ED-EASEMENT DEDICATION - 2009-11-06i RCPTN # 85024145 05/21/85 16 15 47 #`OF PAGES.-.5 FEE - $15.00 J ULVANG, RECORDER - LARIMER COUNTY, CO.. DOC. FEE- $..00. Parcel No 3 Owners Bude,us, et al BASEMENT For and in consideration of the sum of Ten Dollars, the reoeipt whereof is hereby acknowledged, BETTY BUDERUS, RONALD BUDERUS, JUDY HOLTER, ROBERT BUDERUS, M"RK BUDERUS, and MICHAEL BUDERUS, of 3012 East Vine Drive, Fort Collins, CO 80524, as GRANTOR (whether one or more), does hereby grant and convey unto ANHEUSER-BUSCH, INCORPORATED, of One Busoh Place, St Louis, Missouri 63118, as GRANTEE, its successors and assigns, a permanent easement, twenty (20) feet in width for the purpose of laying, installing, oonstructing, maintaining, operating, altering, replacing, repairing, enlarging, inspecting and removing of not more than two Lndustrial effluent pipelines, manholes and other appurtenant facilities, all of which shall be and remain the property of the GRANTEE, to be used for the transportation and/or distribution of industrial effluents and such other substances as the GRANTEE may elect to transport or distribute through said pipelines for itself as well as for aiy *the- pa-tiea Mnich the GRANTEE may license, contract with, or otherwise allow to utilize such pipelines Such twenty (20) foot easement shall be located upon the properties of the GRANTOR which are situate in the County of Lorimer, and State of Colorado, and which said twenty (20) foot easement is more particularly describe* in Sohedule "A" annexed hereto and made a part hereof The GRANTEE shall have all other rights and benefits necessary or convenient for the full enjoyment or use of the rights herein granted, including but not limited tos the right to rWvk a to clear all roolfs, twees, b-us'*, limbs, .e•;raa :Its other obstructions which eight interfere with the rights herein eomtained and the right of ingress to and egress from said easeielt, such right of ingress and egress to be confined to the sooment area in the event any fences are removed, such fences shall be restored or+ replaced by GRANTEE with fences of ggality if. GRANTOR shall have livestock in the area= at ;the'tiie _ of lb� .re_moval of said fences, GRANTEE shall erect learar�►ir! " aL1 b7 ier. i *rides around the area of the easement wfiibR-�5� oss Xhave been removed and GRANTEE or its contractors are working ' Too 014kinnswill be buried to s depath of dots, leas cthan fouoltTtsha present..exlstirig -gro..K`4svTMmin says �-tws-ty (20;-fotc bs3-esu8i V - - The GRANTOR does also hereby grant and convey to the GRANTEE a temporary construction easement for use _n the initial EXHIBIT 2 TO EASEMENT AGREEMENT BETWEEN TRI-TREND, INC. AND E. H. AND PATRICIA R. BARKER DESCRIPTION OF TRI-TREND PROPERTY A TRACT OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 8, TOvvNSi i1P 7 x10R T fi, RAIVGE 00 VVEJ I OF THE 6 T H P.M., LARIMER COUNTY, Y, COLORADO. COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 8, T7N, R68W, SAID POINT BEING MARKED BY A NO. 6 REBAR AND 2-1/2" ALUMINUM CAP STAMPED LS 28285; AND CONSIDERING THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 8 TO BEAR S00017'10"W, (EAST QUARTER CORNER OF SAID SECTION 8 BEING MARKED BY A NO. 6 REBAR AND 2" ALUMINUM CAP STAMPED LS 7839), WITH ALL OTHER BEARINGS RELATIVE THERETO; THENCE ALONG THE EAST LINE OF SAID NORTHEAST QUARTER OF SECTION 8, S0001 Tl0"W, 80.01 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID EAST LINE S00017'10"W, 2567.83 FEET (PREVIOUSLY DESCRIBED AS S00°17'05"W, 2567.51 FEET) TO THE EAST QUARTER CORNER OF SAID SECTION 8; THENCE ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 8, N88050'31"W, 2285.46 FEET (PREVIOUSLY DESCRIBED AS N88050'34"W, 2285.48 FEET); THENCE N00042'43"E, 56.00 FEET (PREVIOUSLY DESCRIBED AS N00°42'47"E, 56.00 FEET); THENCE N88050'31"W, 344.01 (PREVIOUSLY DESCRIBED AS N88050'34"W, 344.01 FEET) TO A POINT ON THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 8; THENCE ALONG THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 8, N00042'43"E, 2510.01 FEET (PREVIOUSLY DESCRIBED AS N00042'47"E, 2510.04 FEET) TO A POINT 80.00 FEET SOUTH OF THE NORTH QUARTER CORNER OF SAID SECTION 8; THENCE ALONG A LINE PARALLEL WITH AND 80 FEET SOUTH OF THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 8, S88052'37"E, 2610.38 FEET (PREVIOUSLY DESCRIBED AS S88°52'13"E, 2610.28 FEET) TO THE POINT OF BEGINNING. EXHIBIT 3 TO EASEMENT AGP.EEi1IE• NT BETWEEN TRI-TREND, INC. AND E. H. AND PATRICIA R. BAPNKER Utility Easement A strip of land forty feet wide "located in the Southeast Quarter of Section 8, Township 7 North, Range 68 West, of the 6`I' P.M.; City of Fort Collins, County of Larimer, State of Colorado; being 20 feet on either side of the following described centerline. Commencing at the Center Quarter corner of said Section 8 and considering the North line of the Southeast Quarter to bear S88050'34"E with all other bearings contained herein relative thereto; Thence along said North line of the Southeast Quarter SS8050'34"E, 1328.86 feet to the Point of Beginning; Thence SO1°29'29"W, 900.24 feet to a point in the centerline of the Lake Canal Ditch as it currently exists said point being the Point of Termination of this description. It is the Intent of this legal description that the side lines of said described strip be lengthened or foreshortened to end on the North line Of ti:e SOLItheaSt Quarter of Section 8 and on the Center line of the Lake Canal Ditch. EXHIBIT 3 Page 1 or 2 POINT OF COM4IENCEMENT BASIS OF S83'�0'34"E BEARINGS 1328.86' CENTER, 1/4 COR. 8-7-66 FOUND PK NAIL AT LOCATION ON NEWLY PAVED STREET 40' WIDE UTILITY EASEMENT UTILITY EASEMENT EXHIBIT _. _ -Cq� CENTER LINE LAKE qL DITCH POINT OF EEGINNING S88'-0'34" E 1300.6, �- A EAST 1/4 COR. 8-7-68 FOUND #6 REBAR WITH 2" i" ALUMINUM CAP STAMPED LS 7839 I �-f PROPOSED ( ( CENTER LINE BARKER DR. I• I �1 FY14TE . - - fdn�e 2 Of 2 EXHIBIT 4 TO EASEi),TENT AGREEMENT BETNYEEN TRI-TREND, INC. AND E. H. AiND PATRICIA R. BARKER — Temporary Construction Easement A strip of land ffjy feet wide located in the Southeast Quarter of Section 8, Township 7 North, Range 68 West, of the 6-� P.M. • City of Fort Collins, Cnunty of i nr4,., c. Colorado; being 25 feet on either side of the following described centerline y v! Corrrrnencing at the Certer Quarter corner of said Section 8 and considering the North Iine of the Southeast Quarter to bear S88050'34"E with all other bearin herein relative thereto; gs contained Thence along said North line of the Southeast Quarter S88050'34"E, 1328.86 feet to the Point Of Beginning, Thence SO I 029'29" W, 900.24 feet to a point in the centerline of the Lake Canal Ditch as it currently exists, said point being the Point of Termination cf this description. It is the intent of t}vs Legal desc-iption that the side lines of said described strip be lengthened or foreshortened to end on the North line of the Southeast Quarter of Section 8 and on the Center line of the Lake Canal Ditch. EXHIBIT 4 Pas& 1 0E- 2 j— I POINT OF CO3'v1.tiiENCEMEt; r BASIS OF S88'50'34"E BEARINGS i 328.80' CENTER 1/4 COR. 8-7-63 FOUND PK NAIL AT LOCATIOIN ON NFVA Y PAS, -n c-TDc' 5O' v DE TEMPORARY CONSTRUCTIO�4 EASEMENT TEMPORARY CONSTRUCTION EASEMENT EXHIBIT — __CENTER LINE _ _ ._..-•- LAK✓ CAlJ�1�- DITCH _ n POINT OF - C ECi0 S88'S0'34"E — 1300.68' I �—� PROPOSED i CENTER LINE BARKER DR. I tI� I 'I I EAST 1/4 COR. 8-7-68 FOiiivu R- C -AR �'4T1-I 2" ALUMINUM CAP STAMPED LS 7839 Page 2 of 2 '1� 1 rj DEED OF PERPETUAL EASEMENT /1 I._J�__. .._ J 111'1.1. .\ kundeFg uund uuniy) THIS DEED, made this.: C day of November, 2002, between, E. H. Barker and Patricia R. Barker ("Owner"), whose address is 142 N. Timberline Road, Fort Collins, CO 80524-1402 and BOXELDER SANITATION DISTRICT ("District"), a Statutory Colorado Special District, whose address is 2217 Airway Ave. #3, Fort Collins, Colorado 80522. WITNESSETH: 1. That for and in consideration of the covenants and agreements herein set forth, the sum of ten dollars ($10.00) and other good and valuable consideration in hand paid by the District to the Owner, the receipt and adequacy of which is hereby acknowledged, the Owner hereby grants, sells and conveys to the District, its successors and assigns, a perpetual non-exclusive Easement and right-of-way to install, construct, operate, maintain, repair, reconstruct, replace, inspect, survey, and remove, at any time and from time to time, underground utilities and pipelines, including all underground improvements and appurtenances thereto, together with afight-of-way for access for construction, maintenance and repair on, along, and in all of the hereinafter property described more fully on *Exhibit "A", attached hereto and by this reference made a part hereof (the "Easement"). 2. The Owner further grants to the District: (a) the right from time to time to change the grade of the Easement, enlarge, improve, reconstruct, relocate and replace any underground utility lines, improvements or other appurtenances constructed hereunder with any other number or type of underground utilities and pipelines, or other structures either in the original location or at any alternate location or locations within said Easement. Upon completion of the repairs and/or maintenance, the District will return the grade to as near the original as possible; and (b) the right to mark the location of said Easement by suitable markers set in or on the ground; provided that permanent markers shall be placed in locations which will not interfere with any reasonable use Owner shall make of said Easement. 3. Owner reserves the right to use said Easement for purposes which will not interfere with District's full enjoyment of the right hereby granted: (a) Owner shall not erect or construct any building or other structure, or drill or operate any well, or construct any permanent obstruction, or decrease or substantially increase ground level which will interfere with District's underground use. In addition, the Owner shall not allow the installation of other utilities, in said Easement without obtaining the written permission of the District; 1/ "! y// t 7 L,? 1 (b) Owner shall take no action which would impair or in any way decrease or substantially increase the ground level, or the lateral, or subjacent support for, orwhich would interfere with the use of the aforementioned underground utility lines, improvements and appurtenances within the Easement without obtaining the specific written permission of the District. (c) The Owner may use the Easement for any and all lawful purposes not inconsistent with the purposes set forth in this Easement, including but not limited to setbacks, density, open space, landscaping, roadways, and parking, so long as such uses do not interfere with the continued use, iiiaiiitcii8iiice and repair Of, yr cause damage to the facilities constructers within the Easement. (d) In the event any of the terms of this Paragraph 3 are violated by the Owner or by any person in privity with the Owner, such violation shall be immediately corrected and eliminated upon receipt of notice from the District, and if not corrected, the District shall have the right to correct and eliminate such violation, and the Owner, its heirs, administrators, successors and assigns, shall promptly pay the costs to correct said violation including, but not limited to, District's reasonable attorney costs. If such violation is not corrected, the District shall also have the right to file appropriate proceedings to enjoin any violation and request specific performance of the conditions described herein. This provision shall not preclude the District from recovery of damages to the improvements caused by Owner's acts or omissions. The District reserves the right to do all acts necessary to immediately remedy any emergency or situation that may arise that disrupts or affects the utility. 4. District shall restore to its original condition, or as close thereto as possible, except as necessarily modified to accommodate the facilities and appurtenances installed by District, or repair any damages caused on said Easement, or improvements permitted by this Easement, arising out of the construction or reconstruction, maintenance and repair of said underground utilities, pipelines, and appurtenances. 5. In case the District shall permanently abandon the Easement herein granted, and cease to use the same, all right title and interest hereunder of District shall revert to the then owner of the property. 6. The parties hereto agree that neither has made or authorized any agreement with respect to the subject matter of this instrument other than expressly set forth herein, and no oral representation, promise, or consideration different from the terms herein contained shall be binding on either party, or its agents or employees, hereto. 7. Owner warrants that it has full and lawful authority to make the grant hereinabove contained, and promise and agree to defend District in the exercise of its right hereunder against any defect in Owner's title to the land involved or Owner's rights to make the grant hereinabove contained. 9. 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. 10. The signatures hereto warrant that they have full and lawful authority to make the grant hereinabove contained on behalf of Owner. 11. Nothing in this Deed shall be construed to terminate the Agreement dated January 25, 2001 between Owner and Tri-Trend, Inc. (and assigns), and such Agreement remains in full force and effect. IN WITNESS WHEREOF, the undersigned have set their hands hereto on the day and year first above written. OWNER: E. H. Barker Patricia R. Barker State of Colorado ) :SS County of Larimer ) The foregoing instrument was acknowledged before me this '' ' day of November, 2002 by E. H. Barker and Patricia R. Barker. WITNESS my hand and official seal My commission expires: '� l� �� 0 NOTARY PUaU ATTEST: f" Ct Notary Publyic BOXELDER SANITATION'DISTRICT, EXHIBIT A TO DEED OF PERPETUAL EASEMENT (UNDERGROUND UTILITY) BETWEEN E. H. BARKER AND PATRICIA R. BARKER ("OWNER") AND BOXELDER SANITATION DISTRICT ("DISTRICT") A strip of land forty feet wide located in the Southeast Quarter of Section 8, Township 7 North, Range 68 West, of the 6°i P.M.; City of Fort Collins, County of Larimer, State of CGiGradG; beiiig 20 i'.et Of' either side of the following described centerline. Commencing at the Center Quarter corner of said Section 8 and considering the North . line of the Southeast Quarter to bear SSS°50'34"E with all other bearings contained herein relative thereto; Thence along said North line of the Southeast Quarter S88°50'34" L, 1328.86 feet to the Point of Beginning; Thence SO1°29'29"W, 900.24 feet to a point in the centerline of the Lake Canal Ditch as it currently exists said point being the Point of Termination of this description. It is the intent of this legal description that the side lines of said described strip be lengthened or foreshortened to end on the North line of the Southeast Quarter of Section 8 and on the Center line of the Lake Canal Ditch. EXHIBIT A Page I of 2 :donstruction oP_said pipelines, such temporary easement to be locatedd.thirty (30) feet on each side of the oenterline of the above -mentioned' twenty foot permanent easement, excepting only in those looations.where such centerline is less than thirty (30) feet froim.a parallel property line of the GRANTOR. In those eases such thirty (30) foot distance shall be reduced on that side of the centerline so as to equal the distance from such oenterline to GRANTOR'S property line. The location of such temporary easement is also shown on;;the.legal description attached hereto as Schedule "A." Such temporary construction easement shall terminate upon completion of the construction of such pipelines Upon completion of construction, GRANTEE.ahall be obligated to cover over and fill any excavation. which QXANTNE may cause to be made to the level of and condition of .thei4round over which such easement has been herein -granted as the same was prior to construction of such pipelines by. the'GRANTBB... GRliNTRE shall pay GRANTOR any actual damages caused by,any construction, reconstruction or exercise of GRANTEV.s rights hereunder,,,. including, but not limited to,ther reaoonabte..Va1Ue of orop' damages caused The CRAKTOR "ese"ve3 the rigb t to cultivate and use the round within the easement area covered by this easement, provided that GRANTOR shall not. erect any struc'tuPeb.'or impound any waters upon such easement and further provided that Butch use shall not interfere with or obstruct the GRANTEE in its exeroise of the rights and privileges herein granted or create any actual or potential hazard to the pipelines and related facilities ultimately installed therein It is fautually agreed and understood that this instrument iaoorporatss all agreements and stipulations between the GRANTOR any GRANTEE and that no representations or statements, herbal or awrittea;-have been made modifying, adding to, o- changing the tams hereof Tti1S.�.,- -° _This easement and all rights herein conveyed to the GRANTEE `sty, 6r transferred and conveyed by GRANTEE and any such 4ransferes shall, upon such transfer or conveyance, be_gntitled ,Jto exercise all rights and privileges herein grantee _41th .the_ same-roroe and erfmat a.p._if such transferee hadxbee `.b -otsl 4 QRAN'tEE Thereunder Riff instrument shall be binding upon and inure to the benefit of the respective survivors, heirs, personal 'r presentatives, successors and assigns of the p"vxen nereto _ ... - 2 PO;^JT OF COMMENCEMENT CENTER 1/4 COR. 8-7-68 FOUND PK NAIL AT LOCATION viw NEV L�l PAVED STREET UTILITY EASEMENT, EXHIBIT 0 50 1GO 1..1 CENTER LINE LAKE CANAL DITCH FOINT OF BEGINMNG I PROPOSED CENTER LINE I. BARKER DR. �L EAST 1 /4 COR. 8-7-68 FOUND #6 REBAR WITH 2" ALUMINUM CAP STAMPED LS 7839 Page 2 of 2 N(IR-18-2005 FRI 04138 PM NATCO NORTH FAX NO, 9704822962 P. 0 &-I STATE DOCUMENTARY FEE SPECIAL WARRANTY DEED EXEMPT (EAST RIDGE OF FORT COLLWS LLC 10 BARKER) Note: Total consideration paid by Grantee is less than $500 so no documentary fee payable under CRS 39-13-102, and no real property transfer declaration required under CRS 39-14- 101 et seq. East Ridge of Fort Collins LLC, a Colorado limited liability company (the "Grantor") whose address is P. O. Rox 40, Timnath, Colorado 80547, for the consideration of Ten Dollars ($10.00) and other valaable considerations in hand paid, hereby sells and conveys to E. H. Barker and Patricia R. Barker, as ten:uits in common, (the "Grantees") whose street address is 142 N. Timberline Road, Fort Collins, Colorado 80524-1402, the following real property in the County of Larimer, State of Colorado, to wit: 1 See Exhibit A, attached and incorporated by reference. w &0 with all its appurtenances and warrants the title to the same against all persons claiming under 1 1i Grantor, subject to the following: 1. Real property taxes for 2002 and subsequent years, which Grantee shall pay. a rn ». 2. All matters shown on Exhibit B, attached and incorporated by reference. y property not ! 3. All rights of third parties in the propshown by the public records. F {S� •+ 0 4. All building and zoning regulations including, without limitation, all requirements 7 of the City of Fort Collins Land Use Code. N this Signed Si N�day 8 of November, 2002. East Ridge of Fort Collins LLC, a Colorado limited liability company rn rf U By: N rx, J L.Strauss, Member :a7 w z By: ; J. , Leo J. Schuster, Member STATE OF COLORADO ) ) ss, COUNTY OF LARIMER ) The foregoing instrument was acknowledged before me this � day of November, 2002, by Jeffrey L. Strauss, as Member, and Leo J. Schuster, as Member, of East Ridge of Fort Collins LLC, a Colorado limited liability company. my hand and official seal. �rJ ; ,mow;• � • •.� t IHCAEg ' issionexpires:-4�51b5 �•=1� /:Cr `� rv' NotaPt llic AbTTR REICORMNG RETURN rot U.II. Barker and Patricia R Barker,142 N. Timberline Road, / Fort Collins, Colorado 80524-1402 VWPotsmxn•rood\VINl31'ItC1B\Cl sln6 Qniurcnu4ypuial Wvnnry D,ed 6MAl.(1 t-]e U21 wI,d SKL,D NA l.0 .1.02, .7. 57 LR 132.131-2002 . 001 '�T'In M_AR-18-2005 FRI 04;38 PM NATCO NORTH FAX NO, 9704822962 P. 03 EXHMIT A TO SPECIAL WARRANTY DEED (EAST RIDGE OF TORT COLLINS, LLC TO BAR(ER) Leal Descrinfioil of Property TWO 'TRACTS OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 6, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN; COUNTY OF I.ARIMER, STATE' OF COLORADO,, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; TRACT'I : COMMENCING AT THE CENTER OUARTER CORNER OF SAID SECTION 8; THENCE ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION S, S88-50'34"E, 344,06 FEET 1.0 THE POINT OF BEGINNING: THENCE N00°42'47"E, 66,00 FEET; TFIEi,Ic:E 888°50'34"E,.410.71 FEET; TI-frzNCE S71034'00"E. 188,57 FEET TO A POINT ON THE SOUTH LINE OF SAID NORTHEAST QUARTER OF SECTION 8; THENCE: ALONG SAID SOUTH LINE N88°50'34"W, 590,34 FEET TO THE POINT OF bFiGINNING, SAID DESCRIBED PARCEL CONTAINS 2.8,029 SQUARE, FEET (0.64 ACRES) MORE OR LESS AND IS SUBJECT TO ANY AND ALL EASEMENTS OR RIGHTS -OF -WAY OF RECORD OR 1 HAT NOW EXIST ON TI•IE7 GROUND, TRACT 2: BEGINNING AT THE EAST QUARTER CORNER OF SAID SECTION 8; THENCE ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 8, N86150'34"W, 1156.31 FEET; . THENCE N70"00'00T, 155.15 FRET; THENCE SC8°50'34T:, 1010.76 FEET TO A POINT ON THE EAST LINE OF TI.IE NORTJ,-IEAST QUARTER OF SAID .SECTION 8; THENCE ALONG SAID FAST LINE, S00017'05"W, 56.01 FEET TO THE POINT Of- HE:GINNING. SAID DFSCRI8 D TRACT CONTAINS 60,678 SQUARF FEET ('1.39 ACRCS) MORE OR LESS, AND IS SUBJECT TO ANY AND ALL EASEMENTS OR RIGHTS-OF•WAY OF RECORD OR THAT NOW GXIST ON THE GROUND. TI-fE BASf3 OF BEARINGS FOR Ti-IrSF DESCRIPTIONS IS THE SOUTH LINE OP THE NORTHRA,3T QUARTER OF SAID SECTION 8. THE EAST CND OF SAID LINE IS MARKED BY A IJO, 6 RE-13AR WITH A 2" ALUMINUM CAP STAMPFD LS 7839, AND THE WEST FND OF SAID LINE IS MARKED BY A N.O. 5 REBAR WITI-I'A 2 W ALUMINUMA CAP STAMP(=D LS 17477. TI•IF BLARING OF SAID SOUTH LINE IS N68°50'34"W, 2629.54 FLE'F AS DE'I ERMINED BY GEODE EC (GPS) OBSERVATIONS, page I of 3 SKLD NA 10 .1.62.7. 57 LR 132131--2002.002 * tin MAR-18-2005 FRI 04:39 PM NATCO NORTH FAX NO, 9704822962 P. 04 s rb o a V Vs ca 0 I w O P fN � f)I i m I z cc)� 0'42 47 bsoo�. J m, . 0 x -� Ej I' o m p P. EXH«ff SKLD Nil 1.0.102.7.57 LR 132.131-2002.003 MAR-18-2005 FRI 04:39 PM NATCO NORTH FAX N0, 9704822962 P. 05 r. a o y m , rn m 0,+.;. co � t� s00•/,7 qs w 56.0/ t F EXHIBIT SKLD NA 10.102.7.57 L,H 132131-2002..004 A T TT) M?R-18-2005 FRI 04:39 PM NATCO NORTH FAX NO, 9704822962 P. 06 EXHIBIT B TO SPECIALWARRANTY DEED (EAST RIDGE OF FORT COLLINS, LLC TO BARKER) ExcentioaS Water, water rights, claims or title in and to water. Riybt of WAY and easement recorded July 27, 1964 in Book 1256 at Page 574 at Reception Nos. 870837 and 870839. An easement for utility systems and incidental Valley Rural ourpos9s granted to Poudre iElectric 853. Association by the Instrument recorded November 21, 1974 in Book 1625 at Page An " ,ement for utility systems and incidental purposes granted to Poudre Valley Ruca..l Electric Association by the instzument recorded November 21, 1974 in Book 1625 at Page 857. Terms, conditions, provisions, agreements and obligations Easement Agreespecified under the Agreement by and between Fort Collins Industrial & Technical Park Venture and E.%.3t Larimer County Water District recorded November 24, 1976 in Book 1735 at Page 278, Right of way for ditch as Page 423, in Book 151 at preferred to in documents recorded in Book 864 at age 480, and in Book 78 at Page 276. 3K1,D 14A 10, 102 .'1 . 57 Lh 132131-2002 _ 005 �irn --ft- to RCPTN # 2002132130 12/06/2002 14:28:00 # PAGES - 4 FEE - M RODENBERGER RECORDER, LARIMER COUNTY CO STATE UGC FEE -�1.DU $.UU STATE DOCUMENTARY EE SPECIAL WARRANTY DEED X r�-Vjp 1 (BARKERS TO EAST RIDGE OF FORT COLLINS, LLC) L./i tg. Note: Total consideration paid by Grantee is less than $500 so no documentary fee payable under CRS 39-13-102, and no real property transfer declaration required under CRS 39-14- 101 et seq. E. H. Barker and Patricia R. Barker, as tenants in common (the "Grantor") whose street address is 142 N. Timberline Road, Fort Collins, Colorado 80524-1402, for the consideration of Ten Dollars ($10.00) and other valuable considerations in hand paid, hereby sells and conveys to East Ridge of Fort Collins LLC, a Colorado limited liability company (the "Grantee") whose address is P. O. Box 40, Timnath, Colorado 80547, the following real property in the County of Larimer, State of Colorado, to wit: See Exhibit A, attached and incorporated by reference. with all its appurtenances and warrants the title to the same against all persons claiming under Grantor, subject to the following: Real property taxes for 2002 and subsequent years, which Grantee shall pay. 2. All matters shown on. Exhibit B, attached and incorporated by reference. All rights of third parties in the property not shown by the public records. 4. All building and zoning regulations. This Deed is not intended to tenninate the Agreement between the Grantor and Grantee dated January 25, 2001, and such Agreement remains in full force and effect. Signed this 264ti day of November, 2002. E. H. Barker Patricia R. Barker STATE OF COLORADO ) ) ss. COUNTY OF LA -RIMER ) The foregoing instrument was acknowledged before me thi Q)L day of November, 2002, byJ.,,,,H. Barker and Patricia R. Barker. my hand and official seal. iy in fission expires: _5 E , i otary Public ,v AFTER RECORDING RETURN'ro: Richard S. Gast, Myatt Brandes & Gast PC, 323 S. College Ave., Suite 1, Fort Collins, CO 80524 F:\WPC\RSG\Tri-Trend\VINEPROP\Closing Documents\:ipecial Warranty Deed -Barkers to East Ridge (Rev 11-21-02).wpd EXHIBIT A TO SPECIAL WARRANTY DEED (BARKERS TO EAST RIDGE OF FORT COLLINS, LLC) Legal Description of Property A TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 8, TOWNSHIP 7 NORTH, RANGE .68 WEST OF THE SIXTH PRINCIPAL MERIDIAN; COUNTY OF LARIMER, STATE OF COLORADO; B17ING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER QUARTER CORNER OF SAID SECTION 8; THENCE ALONG THE,SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 8, S88050'34"E, 934.40 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTH LINE S88050'34"E, 538.83 FEET; THENCE S70000'00"W, 155.15 FEET; THENCE N880.50'34"W, 214.07 FEET; THENCE N71°34'00"W, 188.57 FEET TO THE POINT OF BEGINNING. SAID DESCRIBED TRACT CONTAINS 21,081 SQUARE FEET (0:48 ACRES) MORE OR LESS AND IS SUBJECT TO ANY AND ALL EASEMENTS OR RIGHTS -OF -WAY OF RECORD OR THAT NOW EXIST ON THE GROUND. THE BASIS OF BEARINGS FOR THESE DESCRIPTIONS IS THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 8. THE EAST END OF SAID LINE I-S MARKED BY A NO. 6 RE13AR WITH A 2" ALUMINUM CAP STAMPED LS 7839, AND THE WEST END OF SAID LINE IS MARKED BY A NO. 6 REBAR WITH A 2 '/" ALUMINUM CAP STAMPED LS 17497. THE BEARING OF SAID NORTH LINE IS N88°50'34"W, 2629.54 FEET AS DETERMINED BY GEODETEC (GPS) OBSERVATIONS. EXHIBIT p � �� a E�2 HIBIT o of EXHIBIT B TO SPECIAL WARRANTY DEED (BARKERS TO EAST RIDGE OF FORT COLLINS, LLC) Exceptions An easement for pipe line and incidental purposes granted to the City of Greeley by the instrument recorded February 27, 1942 in book 737 at Page 587. Reservation of a right of way access to a certain water tap connected to underground pipeline and the private water line leading therefrom as set forth in deed recorded May 20, 1953 in Book 948 at Page 38. IN :JTNESS WHEREOF, the GRANTOR has exeouted this eas^went thiaAe— day of dnOAbd , 1985 STATE M as r sng instrument was acknowledged before ate 1985# by Bettv Buderus ��Trt1G6 '_ �Isy pgfCd and official seal C S4� ip k 6 It j�tA1�iR,�'�.*, My isaioa Bxpi'r13 rt Ingi rusent was acknowledged before so IM, by, Bo. &14 Buderus 1. s8► hand -had' 6ftioial seal r, r 1% Ali RCI IN # ZUU2I i 3 4 i2/06/2UU2 i 4 : 2 8 : 0 0 # PAGES - Ly r'EE' - $ yb.UU M RVDENBERGER RECORDER, LARiMER COUNTY W S*'TAT'E DOC YEEE - $.00 AGREEMENT This Agreement is entered into January ;45, 2001 by and among Tri-Trend, Inc. a Colorado corporation, P. O. Box 40, Timnath, CO 80547, ("Tri-Trend") and E. H. Barker and Patricia R. Barker, 142 North Timberline Road, Fort Collins, CO 80524-1402 (the "Barkers"). Recitals A. Tri-Trend is the contract purchaser of certain real property located in Larimer County Colorado specifically described on Exhibit A, attached and incorporated by reference (the "Tri-Trend Property"). B. The Barkers own the real property located in Larimer County, Colorado immediately south of the Tri-Trend Property which is specifically described on Exhibit B, attached and incorporated by reference (the "Barker Property"). C. If Tri-Trend closes on its purchase of the Tri-Trend Property, it intends to develop the property, subject to the approval by the City of Fort Collins, Colorado, as a multi -use project. The uses will include both single and multi -family units. The units may be manufactured in an on - site factory, and transported from the factory to the lots along the interior streets. Phasing for the single family units will be from the south toward the factory situated in the northeast corner of the site. A convenience store/commercial corner is proposed along Timberline Road. D. Uses of the Barker Property may include, but are not limited to, material crushing operations; storing, servicing and repairing vehicles and equipment; general storage (including property of others); farming; recreational uses; and other lawful uses considered desirable by the Barkers and/or their assigns. E. By this Agreement the parties wish to resolve various issues relating to Tri-Trend's development of the Tri-Trend Property in the proximity of the Barker Property. Ap-reement In consideration of the mutual promises set forth in this Agreement and other valuable consideration, the receipt and sufficiency of which are acknowledged, the parties agree as follows: l . Disclosures Relating to Barker Operations. If Tri-Trend closes on the purchase of the Tri-Trend Property, part of Tri-Trend's development process will include preparation and recording of a Declaration of Covenants, Conditions and Restrictions (the "Declaration") and a subdivision plat or plats (the "Plat") for the Tri-Trend Property. Tri-Trend agrees to include a notice in the Declaration containing language substantially similar to the following: After recording return to Richard S. Gast, Myatt Brandes & Gast PC, 323 S. College Ave., Suite 1, Fort Collins, CO 80524 , / Notice Regarding Operations on Barker Property. The property to the south of the Common Interest Community (described on Exhibit , attached and incorporated by reference, and referred to as the "Barker Property") is or may be used for the following: sand and gravel mining, material crushing, equipment/vehicle storage and repairs, general storage (including property of others), farming, recreational uses and other lawful uses considered desirable by the owner of the Barker Property (its successors and assigns) (collectively referred to as the "Operations"). The Operations may generate noise and dust which may adversely impact the Owners' use and enjoyment of their Units. By acceptance of a deed to any Unit, the Owner of that Unit waives any claims against the Declarant (its successors and assigns), the Association, and the owner of the Barker Property (its successors and assigns) arising from Operations on the Barker Property of a nature and extent which existed at the time the Owner accepted such deed. In addition, Tri-Trend agrees to include on the Plat a note advising of the operations on the Barker Property, substantially similar to the following: Note: The property presently owned by E. H. Barker and Patricia R. Barker (the "Barker Property") located south of the property described on this Plat is or may be used for the following: sand and gravel mining, material crushing, equipment/vehicle storage and repairs, and other lawful uses (collectively referred to as the "Operations"). The Operations generate noise and dust which may adversely impact use and enjoyment of the property described on this Plat. Furthermore, Tri-Trend agrees to include a disclosure and waiver provision, similar to the above provision appearing in the Declaration, in all contracts for the sale of lots on the Tri-Trend Property by Tri-Trend to the initial third party purchasers of such lots. 2. Buffer. If Tri-Trend closes on the purchase of the Tri-Trend Property, Tri-Trend agrees to construct, at its sole expense, a five foot high berm with a cedar privacy fence on top of the berm near the south edge of the Tri-Trend Property as depicted, and in the approximate location shown, on Exhibit C, attached and incorporated by reference. Tri-Trend will construct the berm (including landscaping and seeding) and fence in two sections as adjacent phases of Tri-Trend's development to the north of the berm and fence are completed. The first section of the berm and fence will include that property known as the Barker Strip (defined and referenced in Section 4.2 below). Construction of each section of the berm (including landscaping and seeding) and fence will 2 4. Conveyances. 4.1 By Tri-Trend to Barkers. If Tri-Trend closes on its purchase of the Tri- Trend Property, then concurrently with such closing Tri-Trend shall convey to the Barkers that portion of the Tri-Trend Property described on Exhibit D-1, attached and incorporated by reference (the "Tri-Trend Strip"). Not less than 7 days prior to closing, Tri-Trend shall provide the Barkers with a title commitment for the Tri-Trend Strip reflecting a policy amount of $20,000. Tri-Trend's conveyance to the Barkers shall be by special warranty deed, shall be free of any liens or encumbrances, but shall be otherwise subject to all matters reflected in the title commitment, all rights of third parties in the Tri-Trend Strip not shown by the public records, and all building and zoning regulations. Real property taxes for the year of closing shall not be prorated; Tri-Trend shall be responsible for all such taxes for the years prior to closing and the Barkers shall be responsible for such taxes for the year of closing and subsequent years. Prior to closing, Tri-Trend will not take any action with regard to the Tri-Trend Strip that will impair any right of the Barkers to develop the Tri-Trend Strip in the future in accordance with applicable laws, ordinances and regulations. Notwithstanding the foregoing, the parties intend that the conveyance of the Tri-Trend Strip be a Non -Regulated Land Transfer under Article 1.4.7 (B) of the City of Fort Collins Land Use Code. As such, the conveyance of the Tri-Trend Strip to the Barkers shall not imply or confer any right to develop, shall not create a new lot upon which development can occur, and shall not create a non -conformity of any nature whatsoever, or circumvent the intent or requirements of the City of Fort Collins Land Use Code. 4.2 By Barkers to Tri-Trend. Concurrently with the conveyance of the Tri-Trend Strip by Tri-Trend to the Barkers under Section 4.1 above, the Barkers shall convey to Tri- Trend that portion of the Barker Property described on Exhibit D-2, attached and incorporated by reference (the "Barker Strip"). Not less than seven (7) days prior to closing, the Barkers shall provide Tri-Trend with a title commitment for the Barker Strip reflecting a policy amount of $5,000. The Barkers' conveyance to Tri-Trend shall be by special warranty deed, shall be free of any liens or encumbrances, but shall otherwise be subject to all matters reflected in the title commitment, all rights of third parties in the Barker Strip not shown by the public records, and all building and zoning regulations. Real property taxes for the year of closing shall not be prorated; the Barkers shall be responsible for all such taxes for the years prior to closing and Tri-Trend shall be responsible for such taxes for the year of closing and subsequent years. The Barker Strip lies within Larimer County and not within the City of Fort Collins. Tri-Trend shall be responsible, at its sole cost, for any governmental approvals necessitated by the conveyance and any subsequent development of the Barker Strip. If such approvals are not granted, or Tri-Trend otherwise determines that the conveyance of the Barker Strip to Tri-Trend cannot be accomplished in compliance with applicable subdivision or land transfer regulations, then the Barkers agree, at the time of the conveyance of the Tri-Trend Strip to the Barkers, to instead (a) grant Tri-Trend a perpetual, non-exclusive easement over and across the Barker Strip for the purposes of constructing and maintaining the berm, fence and related improvement as described in Section 2 above, and n to also (b) amend the description of the storm drainage line easement referenced in Section 5 below and in Exhibit E, if necessary, so as to extend such easement north to the south boundary line of the Tri-Trend Property. In such event, Tri-Trend or its successors shall pay the real property taxes for the area of the easement over and across the Barker Strip. 5. Drainage Easement. Concurrently with execution of this Agreement, the parties shall execute an easement agreement (the Easement") in the form attached as Exhibit E and incorporated by reference, which Easement grants Tri-Trend the right to convey storm drainage water from the Tri-Trend Property across the Barker Property to the Lake Canal running through the southerly portion of the Barker Property. The drain line specifications are as set forth in the Easement. The Easement is also referenced and depicted on Exhibit E-1 (Utility Exhibit) attached and incorporated by reference. The parties acknowledge that Exhibit E-1 is subject to change as utility designs are finalized. After execution, the original Easement (along with the recording fee paid by Tri-Trend) will be held by Tri-Trend's attorney, Richard S. Gast, and recorded with the Larimer County Clerk and Recorder at the time of, but immediately following, the conveyances described in Section 4 above. Drain line construction will not commence until after the Easement is recorded. 6. Box Elder Easement. At the time of the conveyances referenced in Section 4 above, the Barkers shall execute and deliver to Box Elder Sanitation District a Deed of Perpetual Easement for a sanitary sewer line in substantially the same form as Exhibit F, attached and incorporated by reference (the "Box Elder Easement"). The Box Elder Easement will be in the same location and have an identical legal description as the Easement referenced in Section 5 above. 7. Relocation oflrri.Ration Ditch. The Barkers currently receive irrigation water through the No. 10 Ditch (the "Ditch") presently running south from the intersection of Vine Drive and Timberline Road across the Tri-Trend Property just east of Timberline Road to the Barker Property. Tri-Trend, at its sole expense and with the prior approval of the No. 10 Ditch Company, shall relocate the portion of the Ditch on the Tri-Trend Property in accordance with its development plans, and the Barkers consent to such relocation, provided that (a) such relocation shall not interrupt the delivery irrigation water to the Barker Property during irrigation season, and (b) the delivery point for the irrigation water entering the Barker Propertyremains in the current location (unless relocation of the delivery point is first approved in writing by the Barkers). In addition, the Ditch relocation shall be subject to the prior written or verbal approval of E. H. Barker, which approval shall not be unreasonably withheld. If Tri-Trend has not received approval or disapproval from E. H. Barker within twenty (20) days after the effective date of Tri Trend's notice to E. H. Barker notifying him of the proposed relocation, then E. H. Barker shall be deemed to have approved the requested Ditch relocation. 8. Contingency for Tri-Trend Obligations. Tri-Trend's obligations under this Agreement are contingent on Tri-Trend closing on the purchase of all of the Tri-Trend Property. If Tri-Trend does not close on the purchase of all of the Tri-Trend Property by January 1, 2006, then this Agreement shall terminate and the parties shall have no further obligations to each other under this Agreement. 5 X 9. Entire A.2i eement. This written document contains the entire Agreement between the parties regarding its subject matter, and all prior agreements (whether verbal or written) relating to the subject matter of this Agreement are merged into this Agreement. This Agreement may not be modified or amended except in writing signed by all parties. 10. Assignment/Binding Effect. This Agreement may not be assigned by either party without the other party's prior, written consent except that, without such consent, Tri-Trend may assign this Agreement to any entity in which Jeffrey L. Strauss holds an ownership interest, and the Barkers may assign this Agreement to any entity in which either of the Barkers holds an ownership interest. Except as so restricted, this Agreement shall inure to the benefit of and be binding on the parties and their heirs, legal representatives, successors and permitted assigns. The benefits and burdens of this Agreement shall run with both the Tri-Trend Property and the Barker Property. Accordingly, this Agreement maybe recorded, at Tri-Trend's expense, with the Clerk and Recorder of Larimer County, Colorado. 11. Authority. The persons signing this Agreement on behalf of any entities which may be parties to this Agreement have full authority to do so and to bind that entity to the terms and conditions of this Agreement. 12. Attorneys Fees. In the event of any default under this Agreement, the defaulting party shall pay all costs and reasonable attorneys fees incurred by the non -defaulting party as a result of the default. 13. Barkers' Cooperation. The Barkers agree to reasonably cooperate with Tri-Trend in the City of Fort Collins submittal requirements for annexation and planning approval of the Tri- Trend Property, and will promptly sign all documents reasonably necessary in connection with such annexation and planning approval, provided that the Barkers shall not incur any cost or expense in doing so. 14. Notice. Any notice provided for under this Agreement shall be in writing and shall be either hand delivered or mailed by First Class Mail, postage pre -paid. If hand -delivered, the Notice shall be effective upon delivery. If mailed, the notice shall be effective three (3) days after being deposited in the mail. Dated the date set forth above. TRI-TREND, INC. a Colorado corporation By ,1 Je fe . Strauss, President rai STATE OF COLORADO ) ss. COUNTY OF LARIMER ) The foregoing instrument was acknowledged before me this day of a 2001, by Jeffery L. Strauss, as President of Tri-Trend, Inc. a Colorado corporation. Witness my hand and official seal. My commission expires: U /G L KR1EI� ' ' �1OTARY' PUBLIC . o 'O F OF CO�OQ Notary Public E. H. Barker e cz� Patricia R. Barker STA' ORADO ) ss. wUNTY O ER ) NOTARY -*' fore in instrument was acknowledged before me this :�25 day 0 L1. >'ar and Patricia R. Barker. (J hand and official seal. My commission �, expires: O F:\WPC\RSG\Tri-Trend\VINEPROP\Barker Property\AGREEMENT MAL 1-24-01.wpd 7 2 EXHIBIT A TO AGREEMENT BETWEEN TRI-TREND, INC. AND E. H. AND PATRICIA A. BARKER DESCRIPTION OF TRI-TREND PROPERTY A TRACT OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 8, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6TH P.M., LARIMER COUNTY, COLORADO. COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 8, T7N, R68W, SAID POINT BEING MARKED BY A NO. 6 REBAR AND 2-1/2" ALUMINUM CAP STAMPED LS 28285; AND CONSIDERING THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 8 TO BEAR S00017'10"W, (EAST QUARTER CORNER OF SAID SECTION 8 BEING MARKED BY A NO. 6 REBAR AND 2" ALUMINUM CAP STAMPED LS 7839), WITH ALL OTHER BEARINGS RELATIVE THERETO; THENCE ALONG THE EAST LINE OF SAID NORTHEAST QUARTER OF SECTION 8, S0001T10"W, 80.01 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID EAST LINE S0001T10"W, 2567.83 FEET (PREVIOUSLY DESCRIBED AS S00°17'05"W, 2567.51 FEET) TO THE EAST QUARTER CORNER OF SAID SECTION 8; THENCE ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 8, N88050'31"W, 2285.46 FEET (PREVIOUSLY DESCRIBED AS N88050'34"W, 2285.48 FEET); THENCE N00042'43"E, 56.00 FEET (PREVIOUSLY DESCRIBED AS N00042'47"E, 56.00 FEET); THENCE N88050'31"W, 344.01 (PREVIOUSLY DESCRIBED AS N88°50'34"W, 344.01 FEET) TO A POINT ON THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 8; THENCE ALONG THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 8, N00042'43"E, 2510.01 FEET (PREVIOUSLY DESCRIBED AS N00042'47"E, 2510.04 FEET) TO A POINT 80.00 FEET SOUTH OF THE NORTH QUARTER CORNER OF SAID SECTION 8; THENCE ALONG A LINE PARALLEL WITH AND 80 FEET SOUTH OF THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 8, S88052'37"E, 2610.38 FEET (PREVIOUSLY DESCRIBED AS S88052'13"E, 2610.28 FEET) TO THE POINT OF BEGINNING. EXHIBIT B TO AGREEMENT BETWEEN TRI-TREND, INC. AND E. H. AND PATRICIA R. BARKER DESCRIPTION OF BARKER PROPERTY ?he Forth Falf (t; 1/2) of Southeaot Quarter (32 V-1) and also beginning nt Southwest (SW) Carney of Northeaat' Quarter (NE 1/4), thence EIdt-twoney (20) rodq fcurtcen (14) feet, thence- Forth Fifty -Si;: (56) feat, thence Wc:,t twenty (20) rode fourteen (14) fact, thence South Fifty -Six (56) fact to point of beginning, all ir, section Eight (8)1 To-mchip Seven (7) Barth, Rnngc Sixty -Fight (68) Weot of the 601 P.M., EXCEPTING THE:c5Fn0A1: Beginning at a point on North and South center line of Mild Section Eight (6) from which point the North Quarter corner bears N. 0039' JE. 3219.65 feet thence E, 890151 E. 100 feet, thence S, 039' WE, 736.7 feet, thence N, 68°351 W. 180 feet to centez line of flaid Section 8, thence along eaid centez line N. 0°391 F. 734,E ioet to point of. .be, innning) Larimer County, Colorado 4 EXHIBIT D-1 TO AGREEMENT BETWEEN TRI-TREND, INC. AND _ E. H. AND PATRICIA R. BARKER DESCRIPTION QE TRI-TREND STRIP TWO TRACTS OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 8, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN; COUNTY OF LARIMER, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FO)LL.^� IS: TRACT 1: COMMENCING AT THE CENTER QUARTER CORNER OF SAID SECTION 8; THENCE ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 8, S88°50'34"E, 344.06 FEET TO THE POINT OF BEGINNING: THENCE N0004247"E, 56.00 FEET; THENCE S88050'34"E, 410.71 FEET; THENCE S71034'00"E, 188.57 FEET TO A POINT ON THE SOUTH LINE OF SAID NORTHEAST QUARTER OF SECTION 8; THENCE ALONG SAID SOUTH LINE N88050'34"W, 590.34 FEET TO THE POINT OF BEGINNING. SAID DESCRIBED PARCEL CONTAINS 28,029 SQUARE. FEET (0.64 ACRES) MORE OR LESS AND IS SUBJECT TO ANY AND ALL EASEMENTS OR RIGHTS -OF -WAY OF RECORD OR THAT NOW EXIST ON THE GROUND. TRACT 2: BEGINNING AT THE EAST QUARTER CORNER OF SAID SECTION 8; THENCE ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 8, N88050'34"W, 1156.31 FEET; THENCE N70000'00"E, 155.15 FEET; THENCE S88°50'34"E, 1010.76 FEET TO A POINT ON THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 8; THENCE ALONG SAID EAST LINE, S00°17'05"W, 56.01 FEET TO THE POINT OF BEGINNING. SAID DESCRIBED TRACT CONTAINS 60,678 SQUARE FEET (1.39 ACRES) MORE OR LESS, AND IS SUBJECT TO ANY AND ALL EASEMENTS OR RIGHTS -OF -WAY OF RECORD OR THAT NOW EXIST ON THE GROUND. THE BASIS OF BEARINGS FOR THESE DESCRIPTIONS IS THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 8. THE EAST END OF SAID LINE IS MARKED BY A NO.6 REBAR WITH A 2" ALUMINUM CAP STAMPED LS 7839, AND THE WEST END OF SAID LINE IS MARKED BY A NO. 6 REBAR WITH A 2 �4" ALUMINUM CAP STAMPED LS 17497. THE BEARING OF SAID SOUTH LINE IS N88050'34"W, 2629.54 FEET AS DETERMINIED BY GEODETEC (GPS) OBSERVATIONS. �T mo CO {' O O Cl A mol f*1 0 O Z -i O n a) m 2 Z Z Z N 0'42 47 LF 77. �o O Duo (NI O lu m v --I m z v v G r m m z i STATE OF I o IP10 6 ) CaUNTY OF Thik foregoing instrument was acknowledged before me ths_ day of AU , 1985, by Judy Holter. Vito, my hand and official seal, j 1 Notary u lib 9 S J�(j,j1"x i ,. My Commission Hoiress so. COUNTY of VZR ) T ",,,'foregoing instru ent was acknowledged before me they of , 1985, by Robert Buderus. RSl3tmy hand and official seal. k`' yy '1`; •7� BSI ,+. 0 a y'� � (i.i ,yAb 't �} ' My Comilfiaion •Expires: ; - — . n'= ' a Be. regoing instrument was acknowledged before me - the, , ki of A ; 1985, by Mark Buderus. official seal. A. r T' �O ,�� o My Commission x y dM Mot"k,! 3i! R ) s�aregoing inwent was acknowledged before m� tKe ` }�¢py of s'r , 1965, by Miohgel, Bu,,�0_ v Tb8 my hand and oftioial goal. o pry; �,o b_ - .e My Comission Expires: _ , 19 dW ILl.,hiil,r.er ;. 1 r 4 r > CD > 0 m O A m 0 'v m CO o 56.01' EXHIBIT D-2 TO AGREEMENT BETNVEEN TRI-TREND, INC. AND E. H. AND PATRICIA R. BARKER - DESCRIPTION OF BARKER STRIP A TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 8, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN; COUNTY OF I_ARIMER, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER QUARTER CORNER OF SAID SECTION 8; THENCE ALONG THE ,SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 8, S88050'34"E, 934.40 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTH LINE S88°50'34"E, 538.83 FEET; THENCE S70000'00"W, 155.15 FEET; THENCE N88050'34"W, 214.07 FEET; THENCE N71034'00"W, 188.57 FEET TO THE POINT OF BEGINNING. SAID DESCRIBED TRACT CONTAINS 21,081 SQUARE FEET (0.48 ACRES) MORE OR LESS AND IS SUBJECT TO ANY AND ALL EASEMENTS OR RIGHTS -OF -WAY OF RECORD OR THAT NOW EXIST ON THE GROUND. THE BASIS OF BEARINGS FOR THESE DESCRIPTIONS IS THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 8. THE EAST END OF SAID LINE IS MARKED BY A NO. 6 REBAR WITH A. 2" ALUMINUM CAP STAMPED LS 7839, AND THE WEST END OF SAID LINE 1S MARKED BY A NO. 6 REBAR WITH A 2 Y2" ALUMINUM CAP STAMPED LS 17497. THE BEARING OF SAID NORTH LINE IS N88050'34"VV, 2629.54 FEET AS DETERMINED BY GEODETEC (GPS) OBSERVATIONS. fill m -� n �o CO >--I OM Iv m w A A m -v M m lm O Z -1 O n m rn 0 z z z �I CQ o 0 �I w hW I o � IQno -> o v o I I v m 0 CO m v m z v v m r a m m 4 EXHIBIT E TO AGREEMENT BETWEEN TRI-TREND, INC. AND E. H. AND PATRICIA BARKER EASEMENT AGREEMENT This Easement Agreement is entered into January 25, 2001 by and among E. H. Barker and Patricia R. Barker,142 North Summit View Drive, Fort Collins, CO 80524 ("the Barkers") and Tri- Trend, Inc., P. O. Box 40, Timnath, CO 80547 ("Tri-Trend"). Recitals A. The Barkers own certain real property located in Larimer County, Colorado specifically described on Exhibit 1, attached and incorporated by reference (the "Barker Property"). B. Tri-Trend is the contract purchaser of certain real property located in Larimer County, Colorado specifically described on Exhibit 2, attached and incorporated by reference (the "Tri-Trend Property"). C. In connection with Tri-Trend's development of the Tri-Trend Property, it will be necessary to have a drainage easement across the Barker Property to convey drainage water from the Tri-Trend Property to the Lake Canal on the Barker Property. D. The Barkers are willing to grant a drainage easement to Tri-Trend under the terms and conditions of this Agreement. AGREEMENT Inconsideration of the mutual covenants set forth below and for other valuable consideration, the receipt and sufficiency of which are acknowledged, the parties agree as follows: 1. Grant of Easement. The Barkers grant, bargain, convey, deliver, transfer and sell to Tri-Trend, its successors and assigns, a non-exclusive, permanent easement specifically described on Exhibit 3, attached and incorporated by reference (the "Easement"), to construct, lay, install, . operate, use, maintain, repair, replace, remove and connect to an 18 inch RCP Class 5 underground drainage line. The Easement is for the purposes of discharging and draining all storm water and other drainage water from or on the Tri-Trend Property into the Lake Canal located on the Barker Property. The Easement is for the benefit of and appurtenant to the Tri-Trend Property. 2. Temporary Construction Easement. The Barkers grant, bargain, convey, deliver, transfer and sell to Tri-Trend, its successors and assigns, a temporary construction easement (the "Construction Easement") to construct the drainage line referenced in Section 1 above on the Barker Property in the location specifically described on Exhibit 4, attached and incorporated by reference, together with the right of ingress to and egress from the Barker Property to and from the nearest public street. To the extent disturbed during the construction process, Tri-Trend shall restore any portion of the Construction Easement and any other portion of the Barker Property to its former condition, as nearly as practicable. The Construction Easement shall expire upon final completion of the referenced drainage line. 3. Barkers' Use of Barker PropertX. The Barkers shall have the right to continue using the Barker Property for all purposes provided that such use does not impair Tri-Trend's Easement or Construction Easement. 4. Maintenance and Repair. Tri-Trend shall be solely responsible for maintenance and repair of the drainage line within the Easement, except that the Barkers shall be responsible for any maintenance and repair of the drainage line caused by the Barkers, their agents or employees. Tri- Trend's maintenance obligation shall be assumed by the community association formed by Tri-Trend in connection with its development of the Tri-Trend Property at such time as the association is incorporated. 5. Runs with Land/Binding Effect. This Agreement shall run with the land and shall be binding upon and inure to the benefit of the parties and their respective heirs, legal representatives, successors and assigns. 6. Attorneys Fees. In the event of any default under this Agreement, the defaulting party shall pay all costs and reasonable attorneys fees incurred by the non -defaulting party as a result of the default. Dated the date set forth above. E. H. Barker Patricia R. Barker STATE OF COLORADO ) ss. COUNTY OF LARIMER ) The foregoing instrument was acknowledged before me this day of 2001, by E. H. Barker and Patricia R. Barker. Witness my hand and official seal. My commission expires: K Notary Public LION STATE OF COLORADO ) ss. COUNTY OF LARIMER ) TRI-TREND, INC. a Colorado corporation Jeffery L. Strauss, President The foregoing instrument was acknowledged before me this day of _ 2001, by Jeffery L. Strauss, as President of Tri-Trend, Inc. a Colorado corporation. Witness my hand and official seal. My commission expires: 3 Notary Public irk EXHIBIT I TO EASEMENT AGREEMENT BE, TWEE TRI-TREND, INC. AND - E• H. AND PAT,RICIA R. BARKER DESCRIPTION Or 13APJ<ER PR0Pr'nry 'lhe rTnrrh Ralf (Pd 1/�� oL SoUtheact Quarter (3c 1/1) and aloo 1/4) n th, etE ytttwcne (,W) Corna� of Northeaot, Quarter (Nc March F1 ft Six Y (20) rode fou.tcen (14) feet, thcrcc• fourteen (ly) iept�sthence feetSouthence )4eot rlfty-six (56)nfcct(ztoo point of beginning, all in section Eight (a), 7ornoh±p Seven (7) North, Ra»gc Sixty -Eight (60) Heet o£ the 6th P.M.f EXCEP-TING AHERErRO-kf: Beginning at a point on North and South center liras of raid Section Eight (B) from which point the tiox (11 1/`) Corner beard N. 0°39 e �, 3219.65 th Quarter fCCC, Chcace S. 89°15r B. 100 feet! thence S, 0 39r ham, 736.7 feet, thence N. G&°35r R, 180 feet to center, Line or paid Section 6 thence along Maid center line N, 0°39r E. 734.6 feet to point of beginning: Larimer County, Colorado .EXHIBIT 1 Paae I of �i �U EXHIBIT 2 TO EASEMENT AGREEMENT BETWEEN TRI-TREND, INC. AND E. H. AND PATRICIA R. BARKER DESCRIPTION OF TRI-TREND PROPERTY A TRACT OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 8, COLOlSI D . ivvR I H, RANGE 68 V1IEST OF THE 6 T H P.M., LARiMER COUNTY, I \/ VIV COLORADO. COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 8, T7N, R68W, SAID POINT BEING MARKED BY A NO. 6 REBAR AND 2-1/2" ALUMINUM CAP STAMPED LS 28285; AND CONSIDERING THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 8 TO BEAR S00017'10"W, (EAST QUARTER CORNER OF SAID SECTION 8 BEING MARKED BY A NO. 6 REBAR AND 2" ALUMINUM CAP STAMPED LS 7839), WITH ALL OTHER BEARINGS RELATIVE THERETO; THENCE ALONG THE EAST LINE OF SAID NORTHEAST QUARTER OF SECTION 8, S00017'10"W, 80.01 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID EAST LINE S00017'10"W, 2567.83 FEET (PREVIOUSLY DESCRIBED AS S00017'05"W, 2567.51 FEET) TO THE EAST QUARTER CORNER OF SAID SECTION 8; THENCE ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 8, N88050'31"W, 2285.46 FEET (PREVIOUSLY DESCRIBED AS N88050'34"W, 2285.48 FEET); THENCE N00042'43"E, 56.00 FEET (PREVIOUSLY DESCRIBED AS N00042'47"E, 56.00 FEET); THENCE N88050'31"W, 344.01 (PREVIOUSLY DESCRIBED AS N88050'34"W, 344.01 FEET) TO A POINT ON THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 8; THENCE ALONG THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 8, N00042'43"E, 2510.01 FEET (PREVIOUSLY DESCRIBED AS N00042'47"E, 2510.04 FEET) TO A POINT 80.00 FEET SOUTH OF THE NORTH QUARTER CORNER OF SAID SECTION 8; THENCE ALONG A LINE PARALLEL WITH AND 80 FEET SOUTH OF THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 8, S88052'37"E, 2610.38 FEET (PREVIOUSLY DESCRIBED AS S88°52'13"E, 2610.28 FEET) TO THE POINT OF BEGINNING. EXHIBIT 3 TO EASEMENT AGP.EEIVIENT BETWEEN TRI-TREND, INC. AND E. H. AND PATRICIA R. BARKER Utilitv Easement A strip of land forty feet wide located ill the Southeast Quarter of Section S, Township 7 North, Range 6S West, of the 6t1' P.M.; City of Fort Collins, County of Larimer, State of Colorado; being 20 feet on either side of the following described centerline. Commencing at the Center Quarter corner of said Section S and considering the North line of the Southeast Quarter to bear SSS050'34"E with all other bearings contained herein relative thereto; Thence along said North line of the Southeast Quarter SSS050'34"E, 132S.86 feet to the Point of Beginning, Thence S01029'29"W, 900.24 feet to a point in the centerline of the Lake Canal Ditch as it currently exists said point being the Point of Termination of this description. It is the intent of this legal description that the side lines of said described strip be lengthened or foreshortened to end on the North line of the Southeast Quarter of Section S and on the Center line of the Lake Canal Ditch. EXHIBIT 3 Page 1 of 2 1� POINT OF COMMENCEMENT BASIS OF S88'50'34"E BEARINGS 1328.86' CENTER 1/4 COR. 8-7-68 FOUND PK NAIL AT LOCATION ON NEWLY PAVED STREET 40' Ih7DE UTILITY EASEMENT UTILITY EASEMENT EXHIBIT CENTER LINE LAKE CANA[ p(TCH A 50 100 POINT OF BEGINNING S88- — ' \/ ou 1300.68' I I — PROPOSED CENTER LINE BARKER DR. • � I f RTT EAST 1/4 COR. 8-7-68 FOUND §6 REBAR WITH 2' ALUMINUM CAP STAMPED LS 7839 Page 2 of 2 Schedule A A t ee$~t 20 fact 10 width with shortened and extended sidelines to is1 #tlnn�� pprore�psrt�r linos. together with a teoporar7 construction saseRrent t iN width. with shortened and extended sidelines to meet existing property 111050 bares$ a parcel of land described in Mak 2139, part 1001, located In 010 w 114 et* tlen to TownShir 7 North, Rance 68 Most, Lorimer Cognty, Wore *6 (hereinafter sold parcel may be referrei to as the "subject parcel") cave saIA eeeements more particularly described as follows MormMeat Eassernt The neat to 06 fact of sold IM 1N excot the north 130 00 fact thereof, together INS the cost logo, feet of the was% 60 00 feat of the north 110 00 of said 0 /14,11:1 sic of curl ie on Northern Poilroad i as conveyed in ssok '184, ttMM esrtA 130 00 feet�of ilw�w s 60 OX feet Oer with sold NN 114 Zth �f~t of TQIi W" Eeavosnt 48 beet of the walk 40 00 foot of said 0 114, except t" Myth 1 T IMevest= tc with the cost 20 06 feet of the wont n 00 40 arm IN Oa fret of peed W 114 lying si4th of 0ur1tn0tee lorthern aid t0 ' I% flack iM. psge 156 and 860 245, page 17, AM together twit` -.hot of the north 150 00 foot of the east 60 00 feet of the EXITIBIT 4 TO EASEMENT AGREEMENT BETWEEN TRI-TREND, INC. AND E. If. AND PATRICIA R. DARKER Temporary Construction Easement A strip of land fifty feet wide located in the Southeast Quarter of Section 8, Townshi North, Range 63 West, of the 60 P.M.; City of Fort Collins; County of t ar4mar c+a+ P.r Colorado; being 25 feet on either side of the following described centerline v IJLG v1 Commencing at the Center Quarter corner of said Section 8 and considering the North line of the Southeast Quarter to bear S88°50'34"E with all other beari herein relative thereto; ngs contained Thence along said North line of the Southeast Quarter S88050'34"E, 1328.86 feet to the Point ofBeclinning; Thence S01 °29'29"W, 900.24 feet to a point in the centerline of the Lake Canal Ditch as it currently exists, said point being the Point of Termination of this description. It is the intent of this legal description that the side lines of said described strip be lengthened or foreshortened to end on the North line of the Southeast Quarter of Section 8 and on the Center line of the Lake Canal Ditch. EXHIBIT 4 Page 1 Of 2 POINT OF COMMENCEMENIT BEARINGS S88'50'34"E 1328.86' CENTER 1/4 COR. 8-7-68 FOUND PK NAIL AT LOCATION ON NFWI Y PAN/l1 QTocEr _. 50' WIDE TEMPORARY CONSTRUCTION EASEMENT TEMPORARY CONSTRUCTION EASEMENT EXHIBIT _ - CENTER LINE LAKE CANAL - DFTCFf POINT OF _IDEGI-NNING P S88'50'34"E — � 1300.68' I PROPOSED CENTER LINE BARKER DR. I l t 1y F Hi T 4 EAST 1/4 COR. 8-7-68 FOUND #6 REBAR WITH 2 ALUMINUM CAP STAMPED LS 7839 Page 2 of 2 11 EXHIBIT F TO AGREEMENT BETWEEN TRI-TREND, INC. AND E. H. AND PATRICIA BARKER DEED OF PERPaTUAl_ EASEMENT (Underground Utility) rule LED r1 adc ilia Uay Of , 200_, between, the ("Uy�mer"j, whose address is and SOM ER SANITATION DISTRICT ("District"), a Statutory Colorado Special District, Whose address is 2217 AinvayAve. ##3, Fort Collins, Colorado 80522. WITNESSFTN; 1. That for and in consideration of the covenants and agreements herein set forth, the sum of (S .___) and other good and valuable consideration in hand paid by the District to the Owner, the receipt and adequacy of which Is hereby acknowledged, the Owner hereby grants, sells and conveys to the District, its successors and assigns, a perpetual non exclusive easement and rigFlt-of-way to insta'l, construct, operate, maintain, repair, reconstruct, replace, inspect, survey, and remove, at any One and from time to time, underground utilifies and pipelines, Including all underground improvements and appurtananeesthereto, togethervvith a right- of-way for access for construction, maintenance and repair on, along, and in all of the hereinafter described more fully on Exhibit "A", attached hereto and by this reference made a part hereof. 2. The Owner further grants to the District: (a) the right from time to time to change the grade of the easement, enlarge, improve reconstruct, relocate and replace any underground utility lin_,s, improvements or other appurtenances constructed hereunder with any other IILN-Lber or type of underground utilTes and pipelines, or other structures either in the ariainal location or at any altemate lacatior) or locations within said perpetual easement. Upon completion of the repairs and/or maintenance, the District will r-.'turn the grade to as near the original as possible; and (b) the right to marl; the location of said easement by suitable markers set in or on the ground; provided that permanent markers shall be placed in locations which will not interfere v✓ith any reasonable use Owner shall make of said perpetual easement. 3, Owner reserves the right to use said Easement for purposes which v✓ill not interfere with District's full enjoyment of the right hereby granted; and th parties further agree that the uses of said Easement by Owner and the t, rr etr,tnts concerning those uses shall be as foliow,,s: (a) 0,i,mer shalt not erect or construct arry building or other strLlC'ure, or drill or operate arty v.rell, or construct any permanent obstruction, or decrease or substanti ;l;y increase ground level which Neill 1,nt :rfere v,,ith District's Page 1 of 3 underground use. In addition, the Owner shall not allow the installation of other utilities, in said perpetual easement without obtaining —the written permission of the District; (b) Owner shall take no action which would impair or in any way decrease or substantially increase the around level; or the lateral; or subjacent support for, orwhich would Interfere with the use of the aforementioned underground utility lines, Improvements and appurtenances within the perpetual easement without obtaining the specific written permission of the District. (c) The Owner may use the Easement for any and all Ic rrful purposes not inconsistent with the purposes set forth in this Easement, including but not limited to setbacks, density, open space, landscaping, roadways, and parking, so long as such uses do not interfere with the continued use, maintenance and repair of, or cause damage to the facilities constructed within the Easement. (d) In the event any of the terms of this Parsgmph 3 are violated by the Owner or by any person in privity with th? Owner, such violation shall be Immediately corrected and eliminated upon receipt of notice from the District, and if not corrected, the District shall have the right to correct and eliminate such violation, and the Owner, its heirs, administrators, successors and assigns, shall promptly pay the costs to correct said violation including, but not limited to, District's reasonable attorney costs. If such violation is not corrected, the District shall also have the right to file appropriate proceedings to enjoin any violation and request specific performance of the conditions described herein. Tills provision shall not preclude the District from recovery of damages to the improvements caused by Owner's acts or omissions. The District reserves the right to do all acts necessary to immediately remedy any emergency or situation that may arise that disrupts or affects the utility. 4. District shall restore to its original condition, or as close thereto as possible, except as necessarily Modified to accommodate the facilities and appurtenances instalitid by District, or repa..ir any damages caused on said Casement, or improvements permitted by this Fasement, arising out of the construction or reconstruction, maintenance and repair of saki underground utilities, pipelines, and appurtenances. 5. In case the District shall permanently abandon the perpetual easement herein granted, and cease to use fhe same, all right title and interest hereunder of District shall revert to the then owner of the property. 6. The parties hereto agree that neither has made or authorized any agreem=nt with respect to the subject matter of this instrument other than expressly set forth herein, and no oral representation, promise, or Consideration different from the terms herein contained shall he binding on either party, or its agents or employees, hereto. 7. Owne.r warrants that it has full and lawful authority to make the. grant hereinabove contained, and promise end agree to defend District in the exercise of its right hereunder against any defect In Owner's title to the iar'id involved or Owner's lights to make the grant hereinabove contained. 9. All of the covenants herein contained shall be binding upon and inure to the Benefit of Page 2 of 3 the parties hereto, their respective heirs, personal representatives, successors and assigns, 10. The signatures hereto warrant that they have full and lawful authority to make the grant hereinabove contained on behalf of Owner. W WITHr:CC yA/Wr=Pr: 1C 4k, first above written. OWNER: (SIGNOR) ATTEST: By: _ Title: State of County of The foregoing instrument was acknowledged before met this day of , 1 WO by and of — — ATTEST: WITNESS my hand and official seal Notary Public My commission expires: _ BOXELDER SANITATION DISTRICT Page 3 of 3 ASSIGNMENT OF TRI-TREND, INC. - BARKER AGREEMENT Tri-Trend, Inc., a Colorado corporation ("Assignor") assigns to East Ridge of Fort Collins LLC, a Colorado limited liability company ("Assignee") all right, title and interest in and to the Agreement dated January 25, 2001 by and among Assignor, E. H. Barker and Patricia R. Barker (the "Agreement"). Dated this ZW eday of November, 2002 Tri-Trend, Inc., a Colorado corporation By: 111t- Je 0. Strauss, President ACCEPTANCE OF ASSIGNMENT Assignee accepts the foregoing assignment as of November,::��, 2002 and assumes all obligations and liabilities of Assignor under the Agreement. East Ridge of Fort Collins LLC, a Colorado limited liability company By: /I- jc(y67L.' trauss, Member Leo J. Schuster, Member F:\WPC\RSG\Tn-Trend\VINEPROP\Closing Documents\Assignment of Tri-Trend, Inc. -Barker Property -FINAL 11-26-02.wpd V - i1V # UUL13 _L, 1!/Ub/Ll1U 1�:LZ� llU F .AC,N - u rrE - $4b.LU M hODENBEPGER RECORDER. 1,AK I mF_R (,0tfN'I ! EASEMENT AGREEMENT This Easement Agreement is entered into January 25, 2001 by and among E. H. Barker and Patricia R. Barker,142 North Summit View Drive, Fort Collins, CO 80524 ("the Barkers") and Tri- Trend, Inc., P. O. Box 40, Timnath, CO 80547 ("Tri-Trend"). Recitals A. The Barkers own certain real property located in Larimer County, Colorado specifically described on Exhibit 1, attached and incorporated by reference (the "Barker Property'). B. Tri-Trend is the contract purchaser of certain real property located in Larimer County, Colorado specifically described on Exhibit 2, attached and incorporated by reference (the "Tri-Trend Property"). C. In connection with Tri-Trend's development of the Tri-Trend Property, it will be necessary to have a drainage easement across the Barker Property to convey drainage water from the Tri-Trend Property to the Lake Canal on the Barker Property. D. The Barkers are willing to grant a drainage easement to Tri-Trend under the terms and conditions of this Agreement. AGREEMENT In consideration of the mutual covenants set forth below and for other valuable consideration, the receipt and sufficiency of which are acknowledged, the parties agree as follows: 1. Grant of Easement. The Barkers grant, bargain, convey, deliver, transfer and sell to Tri-Trend, its successors and assigns, a non-exclusive, permanent easement specifically described on Exhibit 3, attached and incorporated by reference (the "Easement"), to construct, lay, install, operate, use, maintain, repair, replace, remove and connect to an 18 inch RCP Class 5 underground drainage line. The Easement is for the purposes of discharging and draining all storm water and other drainage water from or on the Tri-Trend Property into the Lake Canal located on the Barker Property. The Easement is for the benefit of and appurtenant to the Tri-Trend Property. 2. Temporary Construction Easement. The Barkers grant, bargain, convey, deliver, transfer and sell to Tri-Trend, its successors and assigns, a temporary construction easement (the "Construction Easement") to construct the drainage line referenced in Section 1 above on the Barker Property in the location specifically described on Exhibit 4, attached and incorporated by reference, After recording return to Richard S. Gast, Myatt Brandes & Gast PC, 323 S. College Ave., Suite 1, Ft. Collins, CO 80524­,�_/ a1 together with the right of ingress to and egress from the Barker Property to and from the nearest public street. To the extent disturbed during the construction process, Tri-Trend shall restore any portion of the Construction Easement and any other portion of the Barker Property to its former condition, as nearly as practicable. The Construction Easement shall expire upon final completion of the referenced drainage line. 3. Barkers' Use of Barker Property. The Barkers shall have the right to continue using the Barker Property for all purposes provided that such use does not impair Tri-Trend's Easement or Construction Easement, 4. Maintenance and Repair. Tri-Trend shall be solely responsible for maintenance and repair of the drainage line within the Easement, except that the Barkers shall be responsible for any maintenance and repair of the drainage line caused by the Barkers, their agents or employees. Tri- Trend's maintenance obligation shall be assumed bythe community association formed by Tri-Trend in connection with its development of the Tri-Trend Property at such time as the association is incorporated. 5. Runs with Land/Binding Effect. This Agreement shall run with the land and shall be binding upon and inure to the benefit of the parties and their respective heirs, legal representatives, successors and assigns. 6. Attorneys Fees. In the event of any default under this Agreement, the defaulting party shall pay all costs and reasonable attorneys fees incurred by the non -defaulting party as a result of the default. Dated the date set forth above. E. H. Barker COLNTI COLORADO ) ss. ,V ARIMER ) �l 3 I' 1...' W✓ ? ' IA- / Patricia R. Barker instrument was acknowledged before me this_�1`t,�'day of and Patricia R. Barker. my hand and official seal. My commission expires: 2 M TRI-TREND, INC. a Colorado corporation By: %•�.. Je fe . Strauss, President STATE OF COLORADO ) ss. COUNTY OF LARIMER ) The foregoing instrument was acknowledged before me this day of I C11i"l a , 2001, by Jeffery L. Strauss, as President of Tri-Trend, Inc. a Colorado corporation. Witness my hand and official seal. My commission expires: r- ct. KRIEtt, CAP � ,.. ..... ROTARY PUBLIC cS�� OF CQ'u`��PQ� 3 Notary Public a EXHIBIT I TO EASEMENT AGREEMENT BETWEEN TRI-TREND, INC. AND E. )I. AND PATRICIA R. BARKER DESCRTPTrO'IV nr u A 'n Y,,,Y, ,,,, The North Half (N 1/2) of Southeast Quarter (S8 VI) and also beginning nt Southeest (Sw) Corner of Northeaot.Qua;tdr (tiE 1/4), thence Enat twenty (20) roda fourteen (14) feet, thtrce• North F'ircy-Six (56) feet, thence 39 of twenty (Zp) xoda offourteeng Ing feet, thence South rifty-six (56) feet to point of beginning, all izt Section Eight 8), Township Seven (7) North, Range Sixty -Eight (60) Heat of the(6th P.M., =Enlso 71HEArE -ROM: Beginning at a point on North and South center line Of gaid Section Eight (8) from Which point the 'oxth Quarter (11 1/4) corner bears N. 0*39' E. 3219.65 feet, chence S. 439°13' E. 100 feet, thence S, 0039' WE;, 736.7 feet, thence r1. ©8,35' P1. 100 feet to center Line of said Section 8, thence along eaid center line N. 0039f E. 734.6 foet to point of beginning; Larimer County, Colorado EXHIBIT 1 Page 1 of '1 `W EXHIBIT E TO AGREEMENT BETWEEN TRI-TREND, INC. AND E. H. AND PATRICIA BARKER EASEMENT AGREEMENT This Easement Agreement is entered into January 25, 2001 by and among E. H. Barker and Patricia R. Barker,142 North Summit View Drive, Fort Collins, CO 80524 ("the Barkers") and Tri- Trend, Inc., P. O. Box 40, Timnath, CO 80547 ("Tri-Trend"). Recitals A. The Barkers own certain real property located in Larimer County, Colorado specifically described on Exhibit 1, attached and incorporated by reference (the "Barker Property"). B. Tri-Trend is the contract purchaser of certain real property located in Larimer County, Colorado specifically described on Exhibit 2, attached and incorporated by reference (the "Tri-Trend Property"). C. In connection with Tri-Trend's development of the Tri-Trend Property, it will be necessary to have a drainage easement across the Barker Property to convey drainage water from the Tri-Trend Property to the Lake Canal on the Barker Property. D. The Barkers are willing to grant a drainage easement to Tri-Trend under the terms and conditions of this Agreement. AGREEMENT In consideration of the mutual covenants set forth below and for other valuable consideration, the receipt and sufficiency of which are acknowledged, the parties agree as follows: 1. Grant of Easement. The Barkers grant, bargain, convey, deliver, transfer and sell to Tri-Trend, its successors and assigns, a non-exclusive, permanent easement specifically described on Exhibit 3, attached and incorporated by reference (the "Easement"), to construct, lay, install, operate, use, maintain, repair, replace, remove and connect to an 18 inch RCP Class 5 underground drainage line. The Easement is for the purposes of discharging and draining all storm water and other drainage water from or on the Tri-Trend Property into the Lake Canal located on the Barker Property. The Easement is for the benefit of and appurtenant to the Tri-Trend Property. 2. Temporary Construction Easement. The Barkers grant, bargain, convey, deliver, transfer and sell to Tri-Trend, its successors and assigns, a temporary construction easement (the "Construction Easement") to construct the drainage line referenced in Section 1 above on the Barker Property in the location specifically described on Exhibit 4, attached and incorporated by reference, EXHIBIT 2 TO EASEMENT AGREEMENT BETWEEN TRI-TREND, INC. AND E. H. AND PATRICIA R. BARKER DESCRIPTION OF TRI-TREND PROPERTY A 10Ar--r I ACID I nr`ATCl1 IAI TI{C �1(1DTUC=ACT (11 IADTCD (1G CG(`TlnNl A /'Y I \!1V 1 I LAND LV V!l I ILLa 11 V THE E YVI I I IL.PIV I CutUr, ♦ I I...I ♦ U - 1 vi • v, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6TH P.M., LARIMER COUNTY, COLORADO. COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 8, T7N, R68W, SAID POINT BEING MARKED BY A NO. 6 REBAR AND 2-1/2" ALUMINUM CAP STAMPED LS 28285; AND CONSIDERING THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 8 TO BEAR S00017'10"W, (EAST QUARTER CORNER OF SAID SECTION 8 BEING MARKED BY A NO. 6 REBAR AND 2" ALUMINUM CAP STAMPED LS 7839), WITH ALL OTHER BEARINGS RELATIVE THERETO; THENCE ALONG THE EAST LINE OF SAID NORTHEAST QUARTER OF SECTION 8, S00017'10"W, 80.01 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID EAST LINE S00017'10"W, 2567.83 FEET (PREVIOUSLY DESCRIBED AS S00°17'05"W, 2567.51 FEET) TO THE EAST QUARTER CORNER OF SAID SECTION 8; THENCE ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 8, N88050'31"W, 2285.46 FEET (PREVIOUSLY DESCRIBED AS N88050'34"W, 2285.48 FEET); THENCE N00042'43"E, 56.00 FEET (PREVIOUSLY DESCRIBED AS N00042'47"E, 56.00 FEET); THENCE N88050'31"W, 344.01 (PREVIOUSLY DESCRIBED AS N88°50'34"W, 344.01 FEET) TO A POINT ON THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 8; THENCE ALONG THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 8, N00042'43"E, 2510.01 FEET (PREVIOUSLY DESCRIBED AS N00042'47"E, 2510.04 FEET) TO A POINT 80.00 FEET SOUTH OF THE NORTH QUARTER CORNER OF SAID SECTION 8; THENCE ALONG A LINE PARALLEL WITH AND 80 FEET SOUTH OF THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 8, S88°52'37"E, 2610.38 FEET (PREVIOUSLY DESCRIBED AS S88°52'13"E, 2610.28 FEET) TO THE POINT OF BEGINNING. F:\WPC\RSG\Tri-Trend\VINEPROP\Barker Property\Easement Agreement (Rev. 12-18-00).wpd N1 EXHIBIT 3 TO EASEMENT AGREEMENT BETWEEN TRI-TREND, INC. AND E. H. AND PATRICIA R. BARKER Utility Easement A strip of land forty feet wide located ill the Southeast Quarter of Section 8, Township 7 North, Range 68 West, of the 01' P.M.; City of Fort Collins, County of Larimer, State of Colorado; being 20 feet on either side of the following described centerline. Commencing at the Center Quarter corner of said Section 8 and considering the North I of the Southeast Quarter to bear- S88°50'34"E with all other bearings contained herein relative thereto; Thence along said North line of the Southeast Quarter S88050'34"E, 1328.86 feet to the Point OfBegirining; Thence S01°29'29"W, 900.24 feet to a point in the centerline of the Lake Canal Ditch as it currently exists said point being the Point of Termination of this description. It is the intent of this legal description that the side lines of said described strip be lengthened or foreshortened to end on the North line of the Southeast Quarter of Section 8 and on the Center line of the Lake Canal Ditch. EXHIBIT 3 Page I of 2 POINT OF COMMENCEMENT BASIS OF --/\ S88*50'34" BEARINGS \"l 328.86' CENTER 1/4 COP,. 8-7-68 FOUND PK MAIL AT LOCAT!0N ON NEWLY PAVED STREET 40' WIDE UTIuTy EASEMENT UTILITY EASEMENT EXHIBIT - ....-CENTER LINE 1_4RCCMA-u DITCH POINT OF BEGINNING S88'50'34"E 1300.68' PROPOSED CENTER LINE BARKER DR. SO 100 EAST 1 /4 COR. 8-7-69 FOUND #6 REeAR WITH 2" ALUMINUM CAP STAMPED LS 7839 Page 2 of 2 EXHIBIT 4 TO EASEMENT AGREEMENT BETWEEN TRI-TREND, INC. AND E. H. AND PATRICIA R. BARBER Temporary Construction Easement A strip of land fifty feet wide located in the Southeast Quarter of Section 8, Township 7 North, Range 68 West of the 6L' P.M. City of Fort Collins, County of L anmer, State of Colorado; being 25 feet on either side of the following described centerline. Commencing at the Center Quarter corner of said Section 8 and considering the North Iine of the Southeast Quarter to bear SSS°50'34"E with all other bearins contained herein relative thereto; g Thence along said North line of the Southeast Quarter S88050'34"E, 1328.86 feet to the Point OfBegiruina; Thence SO1°29'29"W, 900.24 feet*to a point in the centerline of the Lake Canal Ditch as it currently exists, said point being the Point of Termination of this description. It is the intent of this legal description that the side lines of said described strip be lengthened or foreshortened to end on the North line of the Southeast Quarter of Section 8 and on the Center line of the Lake Canal Ditch. EXHIBIT 4 Page I of 2 POINT OF COMMENCEMENT BASIS OF S88'50'34"E BEARINGS i 3Z8.86' CENTER 1/4 COR. 8-7-68 FOUND PK NAIL AT LOCATION ON NEWLY PAVED STREET 50' WOE TEMPORARY CONSTRu0TION EASEMENT TEMPORARY CONSTRUCTION EASEMENT EXHIBIT 70 — _CENTER LINE _ _ _ _ _•• LAKE CAN gL DITCH POINT OF _BEGIkjNI,lG S88'50'34"E 1300.68' • I I PROPOSED CENTER LINE BARKER DR. 1 1 � , I � 1 t FXEITRTT 4 EAST 1/4 COR. 8-7-68 i vvivD Fu REGAR WI IH 2" ALUMINUM CAP STAMPED LS 7839 Pdae 2 of 2 Page 1 of 1 LAKWER Scott Doyle Clerk and Recorder 200 W. Oak St. Suite 1000 Fort Collins, CO 80522 (970)498-7860 Customer Information () JIM SELL DESIGN INC 153 W MOUNTAIN AVE Fort Collins, CO 80524 1 Payment; LLJ CASH DBLive Transaction #: 219896 Receipt #: 799651 Cashier Date: 7/13/2009 11:37:05 AM (RLS) Transaction Information DateReceived: 07/13/2009 Source Code: Q Code: Return Code: Mail Trans Type: Recording Agent Ref Num: I IIIIII IIIII IIII IIII IIIII IIIII IIII IIII Print Date: 7/13/2009 11:37:06 AM ent S Total Fees Total Payments $41.00 $41.00 $41.00 1 Recorded Items L BK/PG: 0/0 R - (EAS) EASEMENT Date: 71131200911:37. 02 AM From: To: Recording @ $5 per page $1 Surcharge 8 $41.00 0 Search Items 0 Miscellaneous Items file://C:\Program Files\RecordingModule\default.htm 7/13/2009 TEMPORARY CONSTRUCTION EASEMENT AND AGREEMENT gwa) THIS TEMPORARY CONSTRUCTI��S*2g��gEMENT AND AGREEMENT is made and entered into this Jkday of�2009, by and between WHITHAM FARMS, LLC, a Colorado limited liability company, the address of which is c/o Mr. David W. Whitham, 0189 Arrowhead Bluff, Silverthorne, CO 80498 ("Whitham"); and EAST RIDGE OF FORT COLLINS, LLC, a Colorado limited liability company, the address of which is c/o Ms. Darlene Schuster, P.O. Box 273150, Fort Collins, CO 80527 ("East Ridge"). WHEREAS, Whitham is the owner of the real property described on Exhibit A attached hereto and incorporated herein by reference ("the Whitham Property"). WHEREAS, East Ridge is the owner of the real property described on Exhibit B attached hereto and incorporated herein by reference ("the East Ridge Property" - WHEREAS, the westerly most boundary of the Whitham Property is also the easterly most boundary of the East Ridge Property ("the Common Boundary"). WHEREAS, East Ridge intends to develop the East Ridge Property as a residential subdivision ("the Subdivision"). WHEREAS, in connection with its development of the Subdivision, it will be necessary for East Ridge to enter upon that portion of the Whitham Property described on Exhibit C attached hereto and incorporated herein by reference ("the Easement Premises"), and grade the Easement Premises to match the grade of the Subdivision at the Common Boundary ("the Work"). WHEREAS, Whitham is willing to grant to East Ridge a temporary construction easement ("the Easement") over and across the Easement Premises for the purpose of performing the Work. NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which are hereby confessed and acknowledged, the parties hereto agree as follows: 1. Whitham hereby grants, bargains, sells and conveys to East Ridge a non- exclusive, temporary easement over and across the Easement Premises for the purpose of performing the Work. The Easement herein granted shall automatically terminate upon completion of the Work, three (3) years after recording of the plat of the Subdivision in the office of the Clerk and Recorder of Larimer County, Colorado, or April 15, 2015, whichever date first occurs. 2. In performing the Work, East Ridge shall comply with all federal, state, county, municipal and other governmental rules and regulations applicable to the Work. 3. Upon completion of the Work, East Ridge shall repair or replace any existing boundary fences and re -seed the Easement Premises with native grasses substantially similar to the grasses in existence prior to the commencement of the Work. 4. Whitham shall not be liable to East Ridge for any damage or injury to East Ridge occasioned by any defect or defective condition on or about the Easement Premises. All claims against Whitham for any damage or injury to East Ridge are expressly waived by East Ridge except such damage as may be caused by the negligent or intentional acts of Whitham, its agent or employees. 5. East Ridge and any contractors performing work on the Easement Premises shall maintain in force a policy or policies of insurance insuring East Ridge and Whitham against liability for injury to or death of persons or loss or damage to property occurring on or about the Easement Premises with minimum limits of $1,000,000 per occurrence and $2,000,000 in the aggregate. East Ridge shall also require that its contractors performing the Work maintain and keep in force workers' compensation and other employees' insurance required by the laws of the State of Colorado. 6. East Ridge shall indemnify Whitham and the Whitham Property against all claims, liens, claims of liens, demands, charges, encumbrances, or litigation arising directly or indirectly out of or by reason of the Work and shall forthwith obtain the release of any mechanics' lien or other lien recorded against the Whitham Property as a result of the Work and shall reimburse Whitham for all loss, damage and expense, including reasonable attorneys' fees, which Whitham may incur as a result of any such claims, liens, charges or litigation. In the event East Ridge shall fail to pay and fully discharge any lien or should proceedings be instituted to foreclose any lien, Whitham shall have the right, at Whitham's option, at any time after the expiration of sixty (60) days following the recording of the lien to pay the same or any portion thereof with or without the costs and expenses claimed by the lien claimant and in making such payment Whitham shall be the sole judge of the legality 'thereof. All amounts paid by Whitham to release any lien filed against the Whitham Property as a result of the Work shall be reimbursed by East Ridge upon demand, together with interest at the rate of twelve percent (12%) per annum. 7. East Ridge shall indemnify and hold harmless Whitham, its managers, members, agents and employees and the Whitham Property from and against any and all loss, cost or expense arising out of any claims, demands, actions, suits or proceedings made or brought by any person or persons whatsoever by reason of any Work performed 2 by East Ridge, its contractors, subcontractors, agents or employees upon the Whitham Property. 8. East Ridge shall not allow any hazardous substance to be deposited on the Easement Premises and shall indemnify and hold harmless Whitham and the Whitham Property from and against any and all loss, cost or expense incurred by Whitham as a result of any hazardous substance deposited on the Whitham Property by East Ridge, its contractors, subcontractors, agents or employees. 9. In the event of default in the performance of any of the terms or conditions of this Agreement, the party in default expressly agrees to pay all costs and expenses, including reasonable attorneys' fees incurred by the nondefaulting party in enforcing this Agreement. 10. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. IN WITNESS WHEREOF, the parties hereto have executed this Temporary Construction Easement and Agreement as of the day and year first above written. WHITHAM FARMS, LLC, a Colorado limited liability company By: Mar . Whitham, Manager EAST RIDGE OF FORT COLLINS, LLC, a Colorado limited liability company By: lor —Dkfrey L. Strauss, Member/Manager 3 STATE OF COLORADO ) )SS: COUNTY OF LARIMER ) 7- C-r The foregoing instrument was acknowledged before me this jjA day of Apifl, 2009, by Mary E. Whitham, Manager of WHITHAM FARMS, LLC, a Colorado limited liability company. Witness my hand and official seal. My Commission Expires: Notary STATE OF COLORADO 3�. )SS: COUNTY OF LARIMER ) The foregoing instrument was acknowledged before me this &R—. day of Arlvf't, 2009, by Jeffrey L. Strauss, Member/Manager of EAST RIDGE OF FOR LINS, LLC, a Colorado limited liability company. Witness my hand and official seal. My Commission Expires: C1 " a I Notary Pu 11 N� together with the right of ingress to and egress from the Barker Property to and from the nearest public street. To the extent disturbed during the construction process, Tri-Trend shall restore any portion of the Construction Easement and any other portion of the Barker Property to its former condition, as nearly as practicable. The Construction Easement shall expire upon final completion of the referenced drainage line. I Barkers' Use of Barker Property. The Barkers shall have the right to continue using the Barker Property for all purposes provided that such use does not impair Tri-Trend's Easement or Construction Easement. 4. Maintenance and Repair. Tri-Trend shall be solely responsible for maintenance and repair of the drainage line within the Easement, except that the Barkers shall be responsible for any maintenance and repair of the drainage line caused by the Barkers, their agents or employees. Tri- Trend's maintenance obligation shall be assumed by the community association formed by Tri-Trend in connection with its development of the Tri-Trend Property at such time as the association is incorporated. 5. Runs with Land/Binding Effect. This Agreement shall run with the land and shall be binding upon and inure to the benefit of the parties and their respective heirs, legal representatives, successors and assigns. 6. Attornevs Fees. In the event of any default under this Agreement, the defaulting party shall pay all costs and reasonable attorneys fees incurred by the non -defaulting party as a result of the default. Dated the date set forth above. E. H. Barker Patricia R. Barker STATE OF COLORADO ) ss. COUNTY OF LARE\4ER ) The foregoing instrument was acknowledged before me this day of Z. by E. H. Barker and Patricia R. Barker. Witness my hand and official seal. My commission expires: Notary Public Exhibit "A" The "Whitham Property" The Northwest'/4 of Section 9, Township 7 North, Range 68 West of the 6tn P. M., except Right of Way for County Road 48 and except Right of Way in Book 246 at page 77, County of Larimer, State of Colorado. Exhibit "B" "The East Ridge Property" A tract of land situate in the Northeast 1/4 of Section 8, Township 7 North, Range 68 West of the 6th P.M., Larimer County, Colorado, which considering the North line of said Northeast 1/4 as bearing South 89011' East and with all bearings contained herein, relative thereto, is more particularly described as follows: Beginning at a point on the West line of said Northeast 1/4 which bears South 00023' West, 80.00 feet from the North 1/4 corner of said Section 8; thence South 89011' East 2610.78 feet along the South line of the Colorado and Southern Railroad to a point on the East line of said Northeast 1/4; thence South 00002' East, 2,566.49 feet to the East 1/4 corner of said Section 8; thence North 89010, West, 2,285.45 feet along the South line of said Northeast 1/4; thence North 00023' East, 56.00 feet; thence Forth 89010' West, 344.00 feet to a point on the West line of said Northeast 1/4; thence North 00023' East, 2,509.51 feet to the Point of Beginning, Except those parcels conveyed to E. H. Barker and Patricia R. Barker by Deed recorded December 6, 2002 at Reception No. 2002132131, County of Larimer, State of Colorado. Exhibit "C" WHITHAM FARMS, LLC LEGAL DESCRIPTION TEMPORARY CONSTRUCTION AND GRADING EASEMENT A TRACT OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 9, 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: BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 9, T7N, R68W, SAID POINT BEING MARKED BY A 2 '/" ALUMINUM CAP STAMPED 28285 AND CONSIDERING THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 9 TO BEAR N00°17'10"E, (WEST QUARTER CORNER OF SAID SECTION 9 BEING MARKED BY A NO. 6 REBAR AND 2" ALUMINUM CAP STAMPED LS 7839), WITH ALL OTHER BEARINGS RELATIVE THERETO; THENCE ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 9, S00°17'10"W, 80.00 FEET TO THE POINT OF BEGINNING; THENCE S89042'50"E, 38.00 FEET; THENCE PARALLEL TO AND 38.00 FEET DISTANT FROM THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 9, S00°17'10"W, 1,471.23 FEET; THENCE N89042'50"W, 38.00 FEET TO A POINT ON THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 9; THENCE ALONG SAID WEST LINE, N00°17'10"E, 1,471.23 FEET TO THE POINT OF BEGINNING. SAID TRACT CONTAINS 1.28 ACRES (55,907 SQUARE FEET) MORE OR LESS AND IS SUBJECT TO ALL RIGHTS -OF -WAY, EASEMENTS, AND RESTRICTIONS OF RECORD, OR THAT NOW EXIST ON THE GROUND. 1 of 2 EASTRIDGE WITHAM FARMS TEMPORARY CONSTRUCTION AND GRADING EASEMENT . FORT COLUK COLONWO NW COR 9-7-68 FD. 2-Yt" ALUM. CAP S00'17'10"W STAMPED 28285 IN MON. BOX 80.00 (POINT OF COMMENCEMENT) l POINT OF BEGINNING I II II I I I II II II �I ?I I I �I I ml �I< I I EAST FORT COLLINS, LLF L NO. 20020132127 mI (FUTURE DEV.) W I �I I �I I TEMP. CONST. AND j i WHITHAM FARMS, LLC, REC. GRADING ESMT. � I NO, 2001120159 55,907 SOFT. I (FUTURE DEV.) 1.28 AC. I i II I i Ryfr 1. •a .�r��C), '�. 1 I F`slw , II a H-U8 ACRES I WEST 1/4 CDR 9-7-68 FOUND p6 REBAR w 2' ALUMINUM CAP STAMPED LS 7839 lk "NOTE: THIS EXHIBIT DRAWING IS NOT "'*•�"� INTENDED TO BE A MONUMENTED LAND 748 whao. // Oy 0 SURVEY. ITS SOLE PURPOSE IS AS A Fort C 21", W orotlo GRAPHIC REPRESENTATION TO AID IN THE Phone; 570.226.0557 VISUALIZATION OF THE WRITTEN PROPERTY F— 670.226.0204 DESCRIPTION WHICH IT ACCOMPANIES. THE doe no. 1025.o0t6.0o WRITTEN PROPERTY DESCRIPTION PAGE 2 OF 2 F+anomo; OFF5ITE 55 EASEMENTS 6-23-05 SUPERSEDES THE EXHIBIT DRAWING.- J N. 2007 TRI-TREND, INC. a Colorado corporation Jeffery L. Strauss, President STATE OF COLORADO ) ss. COUNTY OF LARI1%4ER ) The foregoing instrument was acknowledged before me this day of _ 2001, by Jeffery L. Strauss, as President of Tri-Trend, Inc. a Colorado corporation. Witness my hand and official seal. My commission expires: Notary Public A EXHIDIT 1 TOE' ASEMENT AGREEj' jp, IN DETWEE, N TRI-TI.END, INC. AND E, R AND PATPJCIA R. D AOU ER DESCRIPTION Or' DAI CERPRnPrr,-ry 'ih^ TTn--th u�1 c ,v , 2) beginning at Southaent u(sw) uccrns ofa-te t- (aot Qua E1e also thence Ea:t twenty (20) xode fourteen (Sa) feet, Lhercc• North rst3.4) (56) feet, thence Weot t�;enty (20) zod� foL keen (14) ieet, thcncc south rifty-six (5G) feet Co point north p"In cgSrall in Section Eioht (8), To-ahiP ~even (7) , xty-Eight (60) Hcet of the 6t2i P•M.j txCEcII;G L Rt. RO,N: Beginning zLt a Point on North and South center liN of t1,/4) Section Eight (6) from W'Iic:l point the tioYth Qu,rtcr (11 1/�) corner beam h'. 0°39' £. 3519.55 feet, thence S, e'015' E. 100 feet, thence S, 04391 Rom, 736.7 Feet, th Gfl°35� P1, 100 feet to centez line of aa,d Section S, cncc N. along Maid center 39thence line N. 00 ! E. 734,6 feet to point CE. bcgxnningl Larimer County, Colorado EXHIBIT 1 Faae l of 'i