HomeMy WebLinkAboutPROVINCETOWNE THIRD - Filed ED-EASEMENT DEDICATION - 2009-08-07PERMANENT EASEMENT AGREEMENT
T EA EM NT AGREEMENT (Agreement) is made and entered into this N�
day of , 2006, by and between THE CITY OF FORT COLLINS,
COLORAD , a municipal corporation (the Grantor), 300 La Porte Avenue, Fort Collins,
Colorado, 80521, and KB Home Colorado, Inc., a Colorado Corporation (Grantee), 8401 East
Belleview Avenue, #200, Denver, CO 80237.
RECITALS AND PURPOSES
The Grantor is the owner of certain real property known as Outlot I, Provincetowne
P.U.D. 2°d Filing. Said real property shall be hereinafter referred to as "Future Park Site".
The Grantee is owner and developer of the Provincetowne Filing Three Development,
adjacent to the Future Park Site, and has requested a perpetual, nonexclusive drainage easement
for stormwater drainage as more specifically described herein.
NOW, THEREFORE, by and in consideration of the above stated recitals and purposes,
the parties hereto agree as follows:
1. Easement.
1.1 Grant of Permanent Easement. In exchange for $10,475 as payment for the
easement, excluding any vegetation management payments or other amounts due
hereunder, and other good and valuable consideration, the Grantor hereby grants,
bargains, conveys, delivers, transfers and sells to the Grantee and its successors a
nonexclusive, perpetual drainage easement (the "Easement") over and through the
property more particularly described and depicted on Exhibit "A" attached hereto and
incorporated herein by reference (referred to herein as the `Basement Area"), for the
installation, operation, maintenance, inspection and repair of drainage improvements,
substantially similar in construction to the design depicted on attached Exhibit "B"
(the "Improvements"), for the benefit of the Development in accordance with the
approved utility, storm drainage and other related plans associated with the approval
of the Development in 2006.
1.2
Grantor also grants to the Grantee a temporary construction easement
as described more fully on Exhibit "C" attached hereto and by this reference made a
part hereof for the purpose of constructing improvements, as more particularly
described below, within the Easement Area. This temporary construction easement
shall terminate 30 days following completion of Grantee's improvements within the
Easement Area, but in no event later than October 1, 2007.
RECEPTION#: 20060089869, 11/29/2006 at 11:21:42 AM, CITY OF FORT COLLINS
1 OF 12, R $61.00 RES
Scott Doyle, Larimer County, CO
Exhibit "C"
Page 1 of 3
LEGAL DESCRIPTION
TEMPORARY CONSTRUCTION EASFMMNT
BEING A PORTION
OF SECTION 13, TOWNSHIP 6 NORTH, RANGE 69 WEST OF THE 6TH PM, COUNTY OF
LARDAER, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS;
BASIS OF BEARING: THE SOUTHEASTERLY LINE OF OUTLOT I OF SAID SUBDIVISION,
ASSUMED TO BEARING S4000743"W.
BEGINNING AT THE SOUTHERLY CORNER OF SAID OUTLOT I; THENCE ON THE ARC OF A
CURVE TO THE LEFT, SAID CURVE HAVING A DELTA OF 29050'5 V AND A RADIUS OF 450.00
FEET, AN ARC LENGTH OF 234.42 FEET, THE CHORD OF SAID CURVE BEARING N38_01,44"W,
WITH A DISTANCE OF 231.72 FEET, TO A POINT OF TANGENCY;
THENCE N52°5779"W, A DISTANCE OF 44.57 FEET, TO A POINT OF CURVATURE;
THENCE ON THE ARC OF A TANGENT CURVE TO THE LEFT, SAID CURVE HAVING A DELTA
OF 12007'S3" AND A RADIUS OF 1000.00 FEET, AN ARC LENGTH OF 211.73 FEET, THE CHORD
OF SAID CURVE BEARING N59°01'3I"W, WITH A DISTANCE OF 211.33 FEET, TO A POINT OF
NON -TANGENCY;
THENCE N4000743 "E, A DISTANCE OF 333.44 FEET, TO A POINT OF CURVATURE;
THENCE ON THE ARC OF A NON -TANGENT CURVE TO THE LEFT, SAID CURVE HAVING A
DELTA OF 12805725" AND A RADIUS OF 55.00 FEET, AN ARC LENGTH OF 123.79 FEET, THE
CHORD OF SAID CURVE BEARING N65034'17'B, WITH A DISTANCE OF 99.27 FEET, TO A
POINT OF REVERSE CURVATURE;
THENCE ON THE ARC OF A TANGENT CURVE TO THE RIGHT, SAID CURVE HAVING A DELTA
OF 39°OS'11^ AND A RADIUS OF 50.00 FEET, AN ARC LENGTH OF 34.11 FEET, THE CHORD OF
SAID CURVE BEARING N20035'07"E, WITH A DISTANCE OF 33.45 FEET, TO A POINT OF
TANGENCY;
THENCE N40°07'43"E, A DISTANCE OF 80.01 FEET;
THENCE S49°527.2"E, A DISTANCE OF 50.00 FEET;
THENCE S40°07'43"W, A DISTANCE OF 80.01 FEET, TO A POINT OF CURVATURE;
THENCE ON THE ARC OF A NON -TANGENT CURVE TO THE RIGHT, SAID CURVE HAVING A
DELTA OF 6902608" AND A RADIUS OF 105.00 FEET, AN ARC LENGTH OF 127.25 FEET, THE
CHORD OF SAID CURVE BEARING S35047'30"W, WITH A DISTANCE OF 119.61 FEET, TO A
POINT OF NON TANGENCY;
THENCE S40°07'43"W, A DISTANCE OF 123.67 FEET;
THENCE S69°40'58"E, A DISTANCE OF 339.00 FEET;
THENCE N40°07'43"E, A DISTANCE OF 14AO FEET, TO A POINT OF CURVATURE;
THENCE ON THE ARC OF A NON -TANGENT CURVE TO THE RIGHT, SAID CURVE HAVING A
DELTA OF 7300128" AND A RADIUS OF 85.00 FEET, AN ARC LENGTH OF 108.33 FEET, THE
CHORD OF SAID CURVE BEARING N42°42' 12"E, WTI A DISTANCE OF 101.15 FEET, TO A
POINT OF REVERSE CURVATURE;
THENCE ON THE ARC OF A TANGENT CURVE TO THE LEFT, SAID CURVE HAVING A DELTA
OF 39005113H AND A RADIUS OF 20.00 FEET, AN ARC LENGTH OF 13.64 FEET, THE CHORD OF
SAID CURVE BEARING N59040' 19"E, WITH A DISTANCE OF 13.38 FEET, TO A POINT OF
TANGENCY;
THENCE N4000743"E, A DISTANCE OF 80.00 FEET;
THENCE S49°5222'A A DISTANCE OF 30.00 FEET;
THENCE S40°0743"W, A DISTANCE OF 80.00 FEET, TO A POINT OF CURVATURE;
THENCE ON THE ARC OF A TANGENT CURVE TO TSB RIGHT, SAID CURVE HAVING A DELTA
OF 39005'I3" AND A RADIUS OF 50.00 FEET, AN ARC LENGTH OF 34.11 FEET, THE CHORD OF
Paget of2X.4940000.IIP3945MWordlLega413945900LXISTD PCONSTESMT.d°c
Exhibit "C"
Page 2 of 3
SAID CURVE BEARING S 59°40' 19" W. WPTS A DISTANCE OF 33.45FEET, TO A POINT OF
REVERSE CURVATURE;
THENCE ON THE ARC OF A TANGENT CURVE TO THE LEFT, SAID CURVE WING A DELTA
OF 129004'00" AND A RADIUS OF 55.00 FEET, AN ARC LENGTH OF 123.89 FEET, THE CHORD OF
SAID CURVE BEARING S 14°40'56" W, WrM A DISTANCE OF 99.31 FEET, TO A POINT OF NON -
TANGENCY;
THENCE S40°0743"W, A DISTANCE OF 344.94 FEET, TO THE POINT OF BEGINNING;
CONTAINING A CALCULATED AREA OF 145,755 SQUARE FEET.
I, CHAD R WASHBURN, A LICENSED PROFESSIONAL LAND SURVEYOR IN THE STATE OF
COLORADO, DO HEREBY STATE THAT THE ABOVE LEGAL DESCRIPTION AND ATTACHED
EXHIBIT WERE PREPARED UNDER MY RESPONSIBLE CHARGE AND ON THE BASIS OF MY
KNOWLEDGE, INFORMATION, AND BELIEF, ARE CORRECT.
CHAD R. WASHBURN; PLS
COLORADO PLS NO.37963FOR
AND ONBEHALF OF JRENGINEEMG, LLC.2620
k�=Ziv
E. PROSPECT ROAD, SUITE 190
FORT COLLINS, CO 80525
nW IZ'OALDF.SC UPTIONDOESNOT CONSl7RrI8A 77TLE SEARCXRYlR ENOOVEERINO r0 DETERMQYE OWNERSNIPOF w5
PARCELOR VERJFYEASEMEN7SOFR8CORD. JR ENONEERINOAND 7AESURYEYOR OFRECORDASSUA=NO RSSPONS@If nT
FOR OwvERSN/P RJGfi7S OR E57S79NO BASBdIBMRTMMAND RECOMMENDsCONSULDITIONWmrANA77awir.
Page 2 of 2X 13940000.aU�39459001WomMA b\3945900EXIMMP CONST ESMTAo°
Exhibit "C" Page 3 of 3
\ O
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-33.45'
N2 35'07"E' 0O
art '$7�25"/ 10•.lV
R-55.00' �p
L-123.79'
CH-00.27'
6 14'17"E
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CN=119.61' J Q L=13.64' Sir G
S35'47'30"W p CH-13.38,
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s CFI-101.15'
• " N42 42'12"E
8� N40'07'43"E 4=39ro5'13"
A-12'07'53'
R-I000.00'
L-211.73'
CH-211.33'
N58ro1'31'W
TEMPORARY CONSTRUCTION EASEMENT
145,755 SQ. FT.
A=29150'S1"
R-450.00'
L=23442'
CH-231.72'
N38'01'44'W
100 50 0 100
SCALE: 1" - 100'
NOTE.
THIS DRAWING DOES NOT REPRESENT A
MONUMENTED SURVEY AND IS ONLY
INTENDED TO DEPICT THE ATTACHED
LEGAL DESCRIPTION.
R-50.00
=34,11.
A_129 4'00 CH=33.45'
R-55.00' 359'40'19'W
L-123.89'
SOUTHERLY CORNER OF OUTLOT I
POINT OF
COMMENCEMENT
TEMPORARY CONST. ESMT.
re,..,�
PROVINCETOWNE FILING THREE
s
JOB NO. 39459.00
3 x; a
SEPTEMBER 27, 2006
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1.2 Effective Date of Easement. The Easement shall be effective upon the recording
of this Agreement with the Larimer County Clerk and Recorder. If this
Agreement has not been recorded with the Larimer County Clerk and Recorder
within three (3) months of the date of execution of this Agreement, the Easement
shall be null and void and have no force and effect whatsoever, and the parties
shall be relieved of remaining obligations hereunder as of the date of such
termination.
1.3. Terms of Easement.
A. The parties acknowledge and agree that all activities by the Grantee on the
Easement Area, including but not limited to any access across the Future
Park Site, shall be carried out in a manner and on a schedule reasonably
expected to minimize disturbance to the natural features of said property
and the Grantor's intended purposes therefor. In the event damage occurs
from the installation, maintenance, operation, or Grantee's activities over
or within the Easement Area or the Future Park Site, the Grantee agrees to
make such repairs or take such other action as may be necessary to restore
the Future Park Site to a condition comparable to its prior condition,
including without limitation the reseeding and replanting of any disturbed
areas in a manner reasonably satisfactory to the City, and the provision of
ongoing maintenance of any seeded or planted areas, correction of any
subsidence, and restoration of any other improvements or conditions
impacted by Grantee's activities, until such time as any such repair and
restoration is fully established and stabilized. Activities in any area of the
Future Park Site or Easement Area shall be completed in accordance with
the Grantor's then current specifications for comparable work on City
Park Sites. The parties acknowledge that sensitive vegetation, habitat or
other natural conditions may require special effort by the Grantee to
protect, restore, or replace in the event they are disturbed by Grantee
activities.
B. Following final grading and initial seeding of the Easement Area the
Grantee may, at its option, seek the issuance of the Certificate of
Conditional Acceptance from the City whereby the City shall assume
responsibility for ongoing vegetation management, including weed
control, mowing, and reseeding, as needed, in areas disturbed and seeded.
C. The Grantee shall not install any fixtures or appurtenances, or other
additional improvements of any kind in or on the Future Park Site, without
the prior written consent of the Grantor, in its discretion.
D. The Grantee shall have the right of pedestrian ingress and egress to and
from the Permanent Easement Area across the Future Park Site, provided
that any such pedestrian and vehicular access shall be minimized to the
extent reasonably practicable and shall be carried out in -a manner
reasonably expected to avoid damage to the Future Park Site, and subject
to Grantees obligation to fully restore the Future Park Site in the event of
any damage thereto.
E. The Grantor reserves the right to use the Easement Area for purposes that
will not unreasonably interfere with the Grantee's full enjoyment of the
rights granted herein, including without limitation the right to allow or
operate other utility improvements.
2. Recordation/Appurtenance. This Agreement shall be recorded in the records of the
Larimer County Clerk and Recorder by Grantee, and Grantee shall famish evidence of
such recording to the Grantor.
3. Good Faith Cooperation. The parties agree to work cooperatively together in good faith
to effectuate the provisions of this Agreement, including but not limited to the avoidance
of impacts disruptive to the Future Park Site, the public's use of the Future Park Site, or
the revision of any documents necessary to satisfy the requirements of the Grantor and/or
the Grantee, and the execution of any documents necessary thereto.
4. Compliance with Laws. Grantee shall at all times comply with any and all applicable
laws and regulations in carrying out activities on the Easement Area and the Future Park
Site, and in the performance of the terms of this Agreement.
5. Default/Attornevs' Fees. If any party to this Agreement is in default in performance of
its respective obligations hereunder, such party shall have the right to an action for
specific performance or damages or both. Prior to proceeding with any such action, the
party not in default shall first send written notice to the defaulting party specifying the
default and affording such party a reasonable period to cure the default. In the event that
one party breaches any of the terms of this Agreement after execution, or any of the terms
of the Easement after recording, the non -breaching party shall be entitled to its reasonable
attorneys' fees and costs incurred to enforce the terms.
6. Notices. All notices required herein shall be in writing and shall be complete five days
after posted in the United States mail, addressed to the party at the following address or at
such other address as is supplied to the other party in writing.
For the Grantor: City of Fort Collins
300 LaPorte Avenue
P.O. Box 580
Fort Collins, CO 80522
With a copy to: Real Estate Services
City of Fort Collins
300 LaPorte Avenue
P.O. Box 580
Fort Collins, CO 80522
For Grantee: KB HOME Colorado Inc.
5975 S. Quebec Street
Suite 300
Centennial, CO 80111
7. Indemnification. The Grantee agrees, to the extent permitted by law, to indemnify the
City, its officers, agents, employees, representatives, successors and assigns from all
claims and liability, including without limitation the City's reasonable legal fees and
costs, including attorneys' fees, for claims made by third persons for personal injury,
death or property damage resulting from or arising out of the Grantee's use of the
Easement or activities on the Future Park Site, and including without limitation the
construction, installation, operation, repair, and maintenance of the Improvements within
the Easement Area, and for any actions. or omissions by Grantee in violation of this
Easement Agreement.
8. Colorado Law. This Agreement shall be construed and interpreted in accordance with
the laws of the State of Colorado.
9. Binding Effect. This Agreement and all terms and conditions thereof shall extend to and
be binding upon the parties hereto, their trustees, heirs, personal representatives,
successors and assigns.
IN WITNESS WHEREOF, the Grantee has hereunder set its hand and seal the day and
year first above written; and the Grantor has caused this Agreement to be executed by its Mayor,
attested to by its City Clerk, and its corporate seal to be hereunto affixed, all pursuant to
Ordinance No. 170, 2006,'passed on final reading by the City Council of the City of Fort Collins
on the 7"' day of November, 2006.
ArTTEST-
401ADIA4
City Clerk
STATE OF COLORADO )
) ss.
COUNTY OF LARIMER )
GRANTOR:
THE CITY OF FORT COLLINS, COLORADO,
a municipal co ration
By: r
Mayor
APPROVED AS TO FORM:
— d 15-11k
Assistan Ci Attorney
The foregoing instrument was acknowledged before me this j2�1-17 Xbday of
D , 2006, by Douglas P. Hutchinson, as Mayor, and Wanda Krajicek, as
City Clerk, of the City of Fort Collins, Colorado, a Colorado municipal corporation.
Witness my hand and official seal.
My Commission Expires: %/10 -0 Cl
Notary Publl':2�� 6
6
GRANTEE:
By:
STATE OF COLORADO )
/� ) ss.
COUNTY O )
lL��/G[Cii�
The foregoing instrumen"� as ack owl dged be re me this dayof
2006 by/6
as ' ��
vLej/ py of ICB Home
Colorado, Inc.
Witness my hand and official seal.
My Commission Expires:
� _ •s G'll Y� °ao
Notary Public
yo
8 ;
a®y'
LEGAL DESCRIPTION Exhibit "A"
DRAiDLAGE EASEMENT Page 1 of 2
A TRACT OF LAND LOCATED IN SECTION 13, TOWNSHIP 6 NORTH, RANGE 69 WEST OF THE 6TH pM, CO
OF LARI1v1EI2, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS;
BASIS OF BEARING.' THE EAST LINE OF THE SOUTHEAST ON$ -QUARTER OF SECIxON13, TOWNSHIP 6 N RTH,
RANGE 69 WEST, BEING MONUMENTED ON THE NORTH END BY A 3" ALUMINUM CAP MA M4ED ,� 3 4"
AND AT THE SOUTH END BY A 3-1/4" ALUMINUM CAP MARKED "LS 12374" IS ASSUM M BE'OS" W.
WITH A DISTANCE OF 2699.17 FEET BETWEEN SAID MONUMENTS, TO ARS1212
COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 13;
THENCE S89°51'41"W, A DISTANCE OF 2405.40 FEET, TO THE POINT OF BEGINNING;
THENCE S38°3236"W, A DISTANCE OF 409.77 FEET;
THENCE S20°27'54"E, A DISTANCE OF 56.74 FEET;
THENCE S70°07'49"E, A DISTANCE OF 85.83 FEET;
THENCE N78°15VOT, A DISTANCE OF 126.67 FEET;
THENCE S83031'54"E, A DISTANCE OF 198.03 FEET;
THENCE S40°07'41 "W, A DISTANCE OF 16.35 FEET, TO A POINT OF CURVATURE;
THENCE ON THE ARC OF A TANGENT CURVE TO THE LEFT, SAID CURVE HAVING A DELTA OF 57°49'34" AND. A
RADIUS OF 87.00 FEET, AN ARC LENGTH OF 87.81 FEET, THE CHORD OF SAID CURVE ]BEARING S 11°20'10" W,
WITH A DISTANCE OF 84.13 FEET, TO A POINT OF NON TANGENCY, SAID POINT ALSO BEING ON THE
EASTERLY BOUNDARY OF OUTLOT I, PROVINCETOWNE 2ND FMING,
THENCE S40°0743"W, ON SAID EASTERLY BOUNDARY, A DISTANCE OF 77.32 FEET;
THENCE N01023'13"E, A DISTANCE OF 122.27 FEET;
THENCE N83-31'54"W, A DISTANCE OF 121.73 FEET,
THENCE S78°15'06"W, A DISTANCE OF 141.59 FEET;
THENCE N11 °44'54"W, A DISTANCE OF 29.65 FEET,
THENCE N70-07'49"W, A DISTANCE OF 204.05 FEET, TO A POINT ON THE WESTERLY B OUNDARY OF SAID
OUTLOTI;
THENCE N4000743"E, ON SAID WESTERLY BOUNDARY, A DISTANCE OF 21.32 FEET•
THENCE S70°0749"E, A DISTANCE OF 97.34 FEET; '
THENCE N20°27'54"W, A DISTANCE OF 51.08 FEET;
THENCE N3 MT36"E, A DISTANCE OF 401.47 FEET;
THENCE N50°22' 13"W, A DISTANCE OF 4.21 FEET, TO A POINT ON THE EASTERLY RIGHT-Op-WAy OF
BELLEWOOD COURT;
THENCE N40007'43'B, ON SAID RIGHT-OF-WAY, A DISTANCE OF 20.00 FEET;
THENCE S50022' 13"E, A DISTANCE OF 23.66 FEET, TO THE POINT OF BEGINNING;
CONTAINING A CALCULATED AREA OF 30,771 SQUARE FEET.
I, CHAD R WASHBURN, A LICENSED PROFESSIONAL LAND SURVEYOR IN THE STATE OF COLORADO, DO
HEREBY STATE THAT THE ABOVE LEGAL DESCRIPTION AND ATTACHED EXHIBIT WERE PREPARED UNDER
MY RESPONSIBLE CHARGE AND ON THE BASIS OF MY KNOWLEDGE, INFORMATION, AND BELIEF, ARE
CORRECT.
CHAD R. WASHBURN, PLS -- .� 79
COLORADO PLS NO.37963 s06
FOR AND ON THE BEHALF OF JR ENGINEERING LLC.
2620 EAST PROSPECT ROAD, SUITE 190
FORT COLLINS, CO 80525 SAL LAND
THBLEGALDESCNPTIONDOZYNOT CONSTIPUTEArj=S&4RCHBYJR6NGIN8£RXOTODETERMINEOW MMvpOjpr=1"RACraRVERIFYs.ecvrM
OY RECORD. A ENOINEERING AND THE SURVEYOR OF RECORD ASSUMES NO RE4POM ILIOY FOR OWNEMIHp RXW3OR Z= NG E4S&i/EM RIGHTS
AND RECOMMENDS CONSULTATION WJTNANATIURNEY.
X:13940CM4094S9M0 WordVAZ&ls\1945900[X6 DRAINAGEESMT.doo
PAGSIOFI
Exhibit "A" Page 2 of 2
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