HomeMy WebLinkAboutCARIBOU - Filed OA-OTHER AGREEMENTS - 2009-07-21RCPTN # 97066865 10/09/97 15:10:00 # PAGES - 7 FEE - -�
M RODENBERGER RECORDER, LARIMER COUNTY CO STATE DOC FEE - �36.00
15.00
DRIVEWAY EASEMENT AGREEMENT
Caribou Drive
This Agreement, signed by the parties hereto on the dates in September, 1997, shown by their
respective signatures, is made by Choice Printing, Inc., a Colorado corporation ("Choice Printing'); and
Spiro Palmer ("Pahnee); and
WITNESSETH that the parties agree as follows:
Road. 1. Recitals of Fact. The parties own adjacent properties, both of which front on Caribou
The legal description of the parcel owned by Choice Printing ("the Choice Printing Parcel") is
attached hereto as Exhibit A.
The legal description of the parcel owned by Palmer ("the Palmer Parcel' is attached hereto as
Exhibit B.
The Choice Printing Parcel lies east of the Palmer Parcel.
The parties mutually desire to make this Agreement relative to a driveway ("the Driveway") to be
located in the northwesterly portion of the Choice Printing Parcel and the northeasterly portion of the
Palmer Parcel.
2. Easement. In consideration of the mutual promises set forth herein, and other good and
valuable consideration, the receipt and adequacy of which are hereby acknowledged by both parties, the
parties mutually grant each other the easement rights set forth below:
A. Location. The Driveway is legally described on Exhibit C hereof. Each party
hereby grants and conveys to the other party the easement right to utilize the portion of the
Driveway lying on such granting parry's Parcel, in accordance with this Agreement.
B. Purposes. The purpose of the Driveway easement shall be to allow the owners,
occupiers, users, and invitees of the Choice Printing Parcel and the Palmer Parcel to have ingress
and egress to the respective Parcels, by vehicular and pedestrian means. If J. Thomas Chandler
exercises his option under an Agreement recorded April 22, 1997, at Reception No. 97024615,
the Driveway shall also allow access to the Chandler Parcel lying immediately south of the
Palmer Parcel, which Chandler parcel is described on Exhibit D.
Such purposes shall include the rights to install, maintain, repair, inspect,
improve, replace, resurface, and otherwise deal in all lawful ways with the Driveway.
C. Public Use. If requested or required to do so by the City of Fort Collins or other
governmental authority having jurisdiction, each party agrees to dedicate the Driveway easement
to public use. Unless and until such dedication occurs, the Driveway shall be for private use.
D. Installation. Each party shall have the right to install street improvements
including street, curb and gutter, lighting, and all other improvements required by the City of Fort
Collins or other governmental agency having jurisdiction, on the entire easement area. Each
RMum To. Dan Warns
Uap ik 8m1h 8 WM w s. P.C.
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SKLD LG 172.20.16.93 LR 66865-1-997.001
party acknowledges and agrees that during such installation., a temporary additional easement on
their respective Parcels shall exist, as reasonably required for construction purposes.
The party who installs such improvements shall be solely liable for paying all costs of
such installation and shall hold the other party harmless therefrom.
3. Repair and Maintenance. If the Driveway is installed at a time when a building or
buildings has been installed on just one of the Parcels, the owner of such improved Parcel shall pay all
costs of repairing, maintaining, and resurfacing the Driveway. Commencing when a Certificate of
Occupancy is issued for an improvement on the second Parcel to be improved, the parties shall share
equally in all costs of maintaining, repairing, inspecting, resurfacing, and replacing the Driveway.
4. Chandler Option. If J. Thomas Chandler exercises his option under an Agreement
recorded April 22, 1997, at Reception No. 97024615, to utilize the easterly 30 feet of the Choice Printing
Parcel as an easement or right-of-way, Choice Printing and Palmer shall equitably apportion between
them any reimbursement made by J. Thomas Chandler pursuant to said Agreement for the costs of
improvements installed by either (or both) of Choice Printing and Palmer, and Choice Printing and
Palmer shall also enter into an equitable joint maintenance agreement with the owner of the J. Thomas
Chandler parcel, for future maintenance.
5. Duration. The easement rights granted herein shall be perpetual.
6. Binding Effect. The terms and conditions of this Agreement shall be deemed to run with
the Choice Printing Parcel, the Palmer Parcel, and the Chandler Parcel. This Agreement shall inure to the
benefit of, and shall be binding upon, the parties hereto and their respective heirs, grantees, legal
representatives and assigns. This Agreement shall also bind and benefit all present and future users and
occupiers of the respective Parcels. This Agreement may be enforced at law or in equity.
7. Attorneys Fees Upon Default. In any litigation brought to enforce this Agreement, the
prevailing party shall be entitled to judgment against the non -prevailing party for all reasonable expenses
of such litigation, including, but not limited to, court costs; deposition and other discovery expenses;
expert witness fees; witness fees; reasonable attorneys' fees; and such other expenses related to the
litigation as the court may award.
8. Colorado Law. This Agreement shall be interpreted and enforced in accordance with the
laws of the State of Colorado.
IN WITNESS WHEREOF, the parties have signed this Driveway Easement Agreement on the
dates shown by their respective signatures.
/o 1/7—/
Date
2
CHOICE PI
Corporation
BY:
Gary .Sapp,
INC., a Colorado
SKLD LG 172.20.16.93 LR 66865-1997.002
., STATE OF COLORADO
County of Larimer ) ss.
The foregoing instrument was acknowledged
1997 L. Sapp, President of Choice printing, before me this �JJ
W. g, Inc., a Colorado co day of vC
rPoration.
.•:� 1 _ -on exuires. r) 4 .- 7n._ � . _ .
I
w
Notary Publi
OS�1
Date
4SPIroer,Memb . STATE OF COLORADO ger
)
County of Larimer ) ss.
The foregoing i u&=ent was acknowledged before me this dw%, „-r
1997, by Spy Palmer.
My commission
3
SKLD LG 172.20.16.93 LR 66865-1997.003
:1
\ EDIT A
� TO
DRIVEWAY EASEMENT AGREEMENT
Choice Printing Parcel
Lot 1, A Minor SubdWslon Plat of Cblllndsls
sualness Park,- Fourth filing, st tua to In the
SX 214 of Section 31, =0xnandp-7 Xbrtb, Xaage
68 Meat of the 6tb P.X., City of Fbrt Collins,
Cnuaty of Z"Yj er, Stars of Colorado
SKLD LG 172.20.16.93 LR 66865-1997.004
/) EXMMTT B
TO
DRIVEWAY EASEMENT AGREEMENT
Palmer Parcel
A tact of land located In the Southeast % of Section 31, Township 7 North, Range 68 West, of the Sbdh P.M., City
of Fart Collins, which, considering the east fide of the Northeast % of said Seddon 31 as bearing N 00°05'00" W, and
with all bearings contained herein relaUve thgmto, is contained within the boundary lines which begin at the Northwest
comer of Lot One of the Colllndale Business Pads Fourth Filing, which bears S 00003'38" W 39.36 feet, and again N
89"5818" W 50.00 Feet, and again N 4t°5729" W 2122 feet, and again N 89058/60 W 410.71 feet from the mast 1/4
comer of said Section 31, and run thence 3 00'00'430 W 30721 feet to the Southwest comer of said Lot One; thence
S 34*26'13" W 73.77 feet; thence N 89'05=" W 15822 feet to a point on the east line of Lot One of Timberline
Slorage P.U.D., Second Fiii V thence along said east line N 00.00'43" E 350.14 feet to the Northeast comer of said
Lot One of Timberline Storage P.U.D., Second Filing; thence S 89058 38" E 218.22 feet to the point of beginning
SKLD LG 172.20.16.93 LR 66865-1997.005
TO
DRfVEWAY EASEMENT AGREEMENT
Legal Description of the Driveway Easement
A react of bed bowed in too Saurlesast % of Section 31, TaWaship 7 Nock Rnp 83
Weal of tho 0 P.M, OtY of Festt Collins, Caton of 1r AdmW Sure of Colorado, which
of
slid $ai 3 Od with AU besir- - Oooudod honk fnipdwthsrdcoaadietldwithin � bo=dary
lines which beta at the Nw*wwt cmw of Lot Ooe d tbo Coil wwo Huduass Perm
Fourth F'le in& which bocci SDO'W%"W 34.36 Net; thaw N190S'36"Vfr 50.00 *a;
theaoe moos a cuum a tune to the id lbevics a odaltat ands of 90'OZ'w. a room of
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Said evan w commis 1,410 f f more or lasa
CLERKS NOTE -BEST IMAGE . POSSIBLE DUE TO POOR QUALITY OF'•DRIGINAL DOCUMENT
SKLD LG 172.20.16.93 LR 66865-1997.006
G
EXHIBIT D
/ \ TO
DRIVEWAY EASEMENT AGREEMENT
The J. Thomas Chandler Parcel
Almat of land rlluato In the NEi SRI e1 SECTION 31, Tewnhip 7 Narth, Ran" N Wed of
,he 61h 9,M., Levine? Count'; Coleretle, which, oeml4arf►p the East line of sold SU as
boorine S 00901130"W 444 with all hoarinp contafnd %crate relative thorast, t eealshrad
wilhin the bwnlary lines which bglm at a Pick on the Ent line which ben S 00000'30• W
him Peer from the Lott i *erns, of sod Section:I, end run tkme S oce 01'SO'W 107.v
fact h SE earner of NEi of wM SEfI thence N13'70r20'W 10344 Foul thence N 70012110'0
W 371.43 hop thence N 62`47'W 349.06 feel thomee N 3743P W 13S.20 keti thence N
WWI W I8I.37 feet to a point on the nsterly right-of-way dine of the Union Perim Railn
adt thence •long wid easterly righl-or-we r lime, N 000041 110f.37 lostl thence i 566
52' 1 12".17 feat to the point of Willm g, esWelning 11.23S tom, wave or Im. and
being wkleet to o county tad right-of-wey ever the "Plarir 301eet l6mof, TOOETM t
WITH 1/6011r share of the .spiral stock of THE KIASANT VALLEY ensl LAKE CANAL.
COMPANY, 3 unih NORTHERN COLORADO CONSERVANCY DISTRICT o fets,snt,
3J72nde them DIXON LATERAL DITCH COWANY, 1/4 thorn el LARIMER COUNTY ft
IRRIOATINO COMPANY, and 1/2 shsn of WARREN LAKE and RISLRVOR COMTANYe
and eubj*9t to an agreement dated April 10, 1943 and racerded
January 201 1926 in book 1010 at page 127. guyul kereby agreed
to asswoa astlors appseprista share at nay expense in said
agnosunt. tellers hereby near" the sight* et iagraas •tad
a mess to repair maiataint rsplaae and otherwise work upon such
tiler drains on Etta promisest
with e1 Its epporteammis, cad wumi(s) Me "Us W the Ntu, twee M Mtn Im "tA"d
preporly tact, payablo in 1173.
I
CLERKS NOTE -BEST IMAGE,PbSSISLE DUE TO POOR QUALI.Ty OF'ORIGIM DOCUMENT
LG 172.20.16.93 LR 66865-1997.007