HomeMy WebLinkAboutHOME STATE BANK - Filed ED-EASEMENT DEDICATION - 2005-12-2311!1IN1111111111111111111111111111111 LARIMER COUNTY CO
RCPTN# 2005-0017533 111:30:0005
PAGES - 17 FEE $86.00 DOC $0.00 #441572
CROSS -ACCESS EASEMENT AGREEMENT
THIS CROSS -ACCESS EASEMENT AGREEMENT (the "Agreement") is made
effective this 21"' day of February, 2005, by and between Home State Bank (`Bank"), a state
banking corporation, and Magnuson Holdings, LLC ("Magnuson"), a Colorado limited liability
company.
WITNESSETH that the parties agree as follows:
Recitals of Fact.
A. Bank owns certain real property legally described on Exhibit A attached
hereto and incorporated herein by reference (the "Bank Property"). Bank intends to
develop said property with commercial buildings to be used for banking purposes.
B. Magnuson owns certain real property legally described on Exhibit B
attached hereto and incorporated herein by reference (the "Magnuson Property") (The
Bank Property and the Magnuson Property are hereinafter collectively referred to as the
"Properties"). The Magnuson Property currently includes a commercial building used as
a veterinary clinic and hospital.
C. The parties mutually desire to create a joint easement pursuant to the terms
of this Agreement for certain mutually beneficial cross -access easement rights.
2. Cross -Access Easement. In consideration of their mutual promises set forth
herein, and of the 'benefits to be obtained by each party from the development of the Bank
Property, the receipt and adequacy of which consideration are hereby acknowledged by all
parties, the Bank grants and conveys to Magnuson a perpetual, non-exclusive easement over and
across that portion of the Bank Property described and depicted on Exhibit C, attached hereto
and incorporated herein by reference, and Magnuson grants and conveys to the Bank a perpetual,
non-exclusive casement over that portion of the Magnuson Property described and depicted on
Exhibit C (the entire area described and depicted on Exhibit C being referred to as the
"Easement"), under the following terms and conditions:
A. Purpose. The purpose of the Easement shall be to provide pedestrian and
vehicular access to and from the Bank and the Magnuson Properties for use by the parties
and their respective tenants and invitees. No parry shall at any time interfere with, block
or hinder such access (except in the performance of necessary installation, repair,
maintenance, inspection, and replacement work, which work shall be scheduled to
minimize the impact on such access, to the extent reasonably feasible).
B. Improvements. The Bank, at its sole cost, will be responsible for the
design, construction and installation of the following improvements (collectively referred
to as the "Improvements'):
/After recording, return to: Richard S. Gast, Myatt Brandes & Gast PC
323 S. College AN cn➢e, Suite 1, Fort Collins, CO 80524
EXHIBIT A
TO
CROSS -ACCESS EASEMENT AGREENIENT
Legal Dc�cziplNll VL Bdll1S PlupJ itV
CONSIDERING THE EAST LINE OF THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 7
NORTH, RANGE 69 1VEST OF THE SIXTH PRINCIPAL MERIDIAN, AS BEARING NORTH 00
DEGREES 23 MINUTES WEST AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE
THERE? 0, BEGININING AT A POINT ON THE WESTERLY LINE OF COUNTY ROAD WHICH BEARS
NORTH 00 DEGREES 23 MINUTES WEST 1244.72 FEET AND AGAIN SOUTH 89 DEGREES 37
MINUTES WEST 30.0 FEET FROM THE SOUTHEAST CORNER OF SAID SECTION 22;
THENCE SOUTH 89 DEGREES 37 MINUTES WEST 208.27 FEET;
THENCE SOUTH 00 DEGREES 23 MINUTES EAST 197.00 FEET;
THENCE NORI11 1l9 DEGREES 37 MINUTES EAST 208.27 FEET TO A POINT ON THE WESTERLY
LINE OF COUNTY ROAD:
THENCE ALONG THE WESTERLY LINE OF COUNTY ROAD NORTH 00 DEGREES 23 MINUTES WEST
197.0 FEET TO THE POINT OF BEGINNING;
LESS THAT PROPERTY CONVEYED TO THE CITY OF FORT COLLINS FOR ROADWAY IN BOOK 1 686
AT PAGE 540, COUNTY OF LARIMER, STATE OF COLORADO.
Nl . J, — � I I C; „", C t,,, ..: r.o rA 6,'Ii:
EXHIBIT B
TO
CROSS -ACCESS EASF.NIENT AGREENIENT
Leval llescription of 1vlaL,11uson Property
Tract F, Raintree, a planned Unit Development, according to the recorded plat thereof, City of Fort
Collins, County of I.arnner, State of Colorado, kept that portion as previously conveyed to the City
of Fort Collins in Deed recorded September S, 1992 at Reception No. 92055176, and that certain
Dedication recorded July 6, 2001 at Reception No. 20010 5119, County of Lorimer, State of
Colorado.
N' "I 1 , IIi I,:,I 11 rumAea I. nuvACi.G - ,1—"'- 6 r, 2n"r
EXHIBITIC
v TO
CROSS -ACCESS EASEMENT AGREEMENT
Easement Description
I'll OPERTY llECRIPEION
Cross Access, Easement
met,, and Pounds Parcel
Racep5on No. 2000021)903
A portion ofthat parcel of land conveyed and described in a deed recorded March 31, 20110
R¢eptiou N., 2000020903 of the Record, ofLantner Count}, for Cross Acc-eS, I,asc.ncnt
I urposes, located in the Southeast Quarter (SE Il4) of Section Twenty-Cwo (22), Toaaship Scarf
Nadi ('I 7N ), R.mec Sixty-nine West (R.6)W ), Siath PrmcgtaI Niendian (6" 11 N1.). Gly of Iron
t )o1Ens, County ofLainner, State or Colorado, more pa¢ticular ly described ae follows:
BEGINNING Atthc Norfliwcst Corner of that pamol,Cland cmavc/ed and dscribod in a dccJ
wconled March 11, 2000 as Reccpuon No. 2000020903 ofthe Records of Larinscr Cmwy :wd
a,snnbrg the W,tt line of said parcel to hear South 00"W'57" East, a gild hearing of the Gdondu
Slat,c Plane Coordinate Sy=tent, North Zone, North Amenc:m Daman 1993,92, a dlPtance of 197,05
ItI( with all olhcr bearings herein relative thereto;
THENCE North 89°46' 11" East along the North line of said pat eel a distance of 22J8 fact,
1'I II_NCF_ Soulh 00'02'57'East along a line parapet with the West line Cl Said pemcl It drsUI"'; of
175 24 Ceet_
THE NCT{North 39°41'57' West a distance or2279 feet to sire W est I'll c of Na id parcc,
THENCE North 00°02'S7" West along the Wcst line oCsaid parcel a detanec of 175 03 feet to the
POINT Olt BEGINNING.
S,iJ parcel of Imtd contains 3,989 sq_ I or0A92 icrq more or Ices (4), and is suhjcct to any
r ?its -of "r C FCth"I 'LLS 2 r s ofr_Col d at as row X; S tj 11 s on So Ia _-Zs .. III I',t 11CI _d f nil.
SURVEYOR'S CERTIFICATE
1, Steven A- Lund, a Colorado Registered Professional Land Survcvor do hereby snrte th:a this
IYoperty Description was prepared under my personal superv(siou and checking, and char ii a rrau
and cared to the bes'L,afysy,jvtotvtcdt!e and belief,
SteveoA Ltd �X 7fspi1 `!'Smvcy ors.
CoI I duRc isteie - at
Land Surveyor N34995
KING SURVEYORS, INC.
9299 l o, tmmn Pool, D Iv'e
Windsor, Colorado 80550
(1)7U) 686-5011
M¢a0V61a1repel& ao; w Cemuubm nmss ACCESS" ma Pvy'cIof1
Nsl'. AI: L, nnoi ms.l LCd.mry nl p e, Crto-..�e: '_ E m rI AIl'C11 Averts [meeen. At n,Jos pCf
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SOUTkC I Tn �:RTF� J'
EX:EIMT c7ION N. R vn
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FOUND qa REBAR_
'BENT
FDUNJ +4 REBAR
ORANGE PLASTIC CAP
11 502E
FOUND X< RICAR W7
YELLOW PLASTIC CAP
TCT PLS 2256A
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-------- iD DTII IiY
EASEMENT
22
TRitrrF
R41WYehP DWIVF
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NOTE: TNs sxhlb.t drnwing Is nat lnL=.nded Lr Lc
entail kind veg it solo purpos_
a graphic repr tation to TO In In,
allmt'on enof O,e written TfopCrty 6a ,pt r
which It a- mpcn The nir nG,P Iq
demr,,tion a,percedes tnc o,ii Omx-ily.
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34994
hISG SURvz'YORS INC. PROJECT R0:2004Jb1D
Y/f o J7 LACD PARK D t WINDSOR CO BO5�0 DATE 4 2J—OS
PHONE' (970) 586-50'T FAk (97) 686 5821 CLIENT
0NORTF+ lift W1v 1 KINGSURSEY0PS DRAWN- (. )'C3E18 CK
RAWN Lh: SCHECKED: U: :;i.l
RIG It"I..,n1e.mn",x lC,j, Pcc Fi n1,A_�r CAc[e.s Erement AS'. 1'_1n5I+.1T
C-2
1,ROPEPTY DESCRIPTION
Cross Accc' Pascment
TractP ofRtintrcc
AT, ItioIof]I"IF , f Rainucc, aP l aaeed Unit Dee- yincot rat 0' dcd Mry29, )SI - fcugafl,I1
No 413446 of the Records ,f Lai in I"I Coanty, locatch in Oro SoudaearQmrtct (SI I II I S, aoll
'fweuly rvo (22), Township Seven North (T.7N.), Rang, Slsty-nine West (R.69,V.)_ Slxlh
fit icipal blend ra (6"' P M ), City of Fett Collins, County ofLarlmer, Stab of Colorado. ..lore
p.ntiatlarly 3CS,I (hod by nteteS and 'oounds as follows:
OWN I 1iNCING at the Northeast Comer ofsaid Tract A of the F,tt Collins Senior Came' P.If D.
a9 recorded September I i 1993 as Itccepuoo No. 93067048, aad ""'Ming the East line of nd
I, ,t A to bear South 00"02'57" East, a gad bearing of the Col,rado SteLe Plan, Coordinate
.System, o,Ih Zone,m Nnrth Aerican Datwn 1963i92, n distunoc of286-74 fact with all o01cr
hearings orein relative Ihcielo,
'I1IENCISouth 89`35'27" Past along In, North line crT[act F of Raintrco a d'slm¢c of 4.50 foci
to Ill, POINT OF BEGINNING;
1111'NC E S nth 8913' 27" Cast cent n l,ag "Ong the North fine of S,id' Tact F a hm,ii c of 2400
from,
THENCE South 00' 13'22" West a dietnnce of 82 37 feet to di North tInc of that pineal 01 laud
desel ihed to a dead r eeotded March 11, 2000 as Reception No. 2000020903 of the Retold!; of
Larimel County{
'I J I ENCI- South 89'46' 11" Wert along the North line of said parecl described in Recepli,n Na.
200002/0903 a distance of22.78 feel to the West line ofsaid parcel described in Reception Nn_
2000020903,
THEE ICIi South 00'02'57" East along the West lint of said parcel a distauec of 17S 01 feet,
I I I;NCIi North 89'41'57" West n dist rce ,f 4.85 feet to the Past line of laid 77aa A.
THENCE North 0O'02'57" West along the East 1011 of said Tract A a distance ,f 24 00 Ito
1, 11 N( F. South 89'4I'57" East a dislanc, o,^ 3.62 tcel,
I IENCC North 00'02'57' West a distance of 151 01 feelto the Nord) line ofsaid pared descrihed
i.. P ,c, I.... N. 2000020903,
9'l1ENr'E N„nn00-11'22"E,<lad _. _ cf82.54_ tmdicN ld_I_ue,f ail lr 11:and thr
PDINT OF BEGINNING.
Said parcel of land contains 2,281 sit ft. or 0.052 acre, mote or loss (t), and is sobla, 11, any
rights -of -way It other easements of record or as now existing on said dascl ihed parecl of land_
SURVEYOR'S CERTIFICATE
I, Stevcu A_ Lund, a Colorado Registered Professional Land Surveyor do h.reby state Fiat Ili,
P openly Descr pain.. w - Jenny pus,nel SUFCI ision and chetkui, and Ih:u ii is it
'rnd cote L't tt lh.: YP-w =c and ^hcGcf
e UJ el_ 1/
S'venl]t and hOIfof Ki veynrs,
C olnr r 1 a Registcre fgf
1al Sw +��ur ro vv
KING SURVEYORS, INC.
9299 Eastman Park Drive
Win Csor, Colorado 80550
686-_s01 I
nrmu1a111L,gI&-1 ory...2110Un1, CP_VSS' A1-1.111111 Ng, 1.11
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FOUND N4 REBAR W/
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T P,3 21G4
EXHIBIT art noN 22
gc v—
pmr- 7
rn� C
RAINTREE DRI UL-'
i
30 15 0 '0
1= 30' 30' "
NOTE ihls exhlhll dcawinB is not tnccndld C, I,
a monimented land s ey
�v. It's Ic 111]
n qru Pliie re!Pre enWllol to nio li the
vla och7oCmn of It, wnUnn 1-111t dcvcrlpOm
das, it a - aopercees. The -tiehith Progmrl�
des%iptlOn supercedcs the exNClt drawlny.
C a�C 1i A.�Ct
LING SURYEYOIds IV, PROJECT No 20041C1D
DATE 7 d 0
9<t9 EASTMAN PARK DRIVE, WINDSOR, CO 80550 CLIENT I-IR➢I nK
PIA NE (970) 686 50_1 FAX (970) E86-5521 DWG 2004 So D Lhci
L 1 b JI. KIN GSURVEYORS CCM DRAWN SK CHECKED: S+J
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RAINTREE DRIVE
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�yxlll EXHIBIT D
TO
CROSS —ACCESS EASEMENT AGREEMENT
--- —
1 CL�LLI L UtiU �'��4LIILLJU 1 oVuw 1 l�F/iuv
THAT PORTION OF TRACT F, RAINTREE, A PLANNED UNIT DEVELOPMENT, ACCORDING TO I'HE
RECORDED PLAT THEREOF, CITY OF FORT COLLINS, COUNTY OF LARINIER, STATE OF
COLORADO, LYIi`iG IMMEDIATELY WEST OF AND ADJACENT TO. AND LYING IMMEDIATELY
SOUTH OF AND ADJACENT TO THE FOLLOWING DESCRIBED TRACT OF LAND:
CONSIDERING TPIE EAST LINE OF THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 7
NORTH, RANGE 69 WEST OF THE SLXTH PRINCIPAL MERIDIAN, AS BEARING NORTH 00
DEGREES 23 MINUTES WEST AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE
I HFRL'TO, BEGINNING AT A POINT ON THE WESTERLY LINE OF COUNTY ROAD WHICH BEARS
NORTH 00 DEGREES 23 MINUTES WEST 1244.72 FEET AND AGAIN SOUTH 89 DEGREES 37
MI; dIJTES WEST 30.0 FEET FROM THE SOUTHEAST CORNER OF SAID SECTION 22,
THENCE SOUTH 5l9 DEGREES 37 MINUTES WEST 209.27 FEET;
THENCE SOUTH 00 DEGREES 23 MINUTES EAST 197.00 FEET;
THENCE NORTH 39 DEGREES 37 MINUTES EAST 208.27 FEET TO A POINT ON THE WESTERLY
LINE OF COUNTY ROAD;
THENCE ALONG THE WESTERLY LINE OF COUNTY ROAD NORTH 00 DEGREES 23 MINUTES WEST
197.0 FEET TO Tti:E POINT OF BEGINNING;
LESS THAT PROPERTY CONVEYED TO THE CITY OF FORT COLLINS FOR ROADWAY IN BOOK 1686
AT PAGE 540, COUNTY OF LAARIMER, STATE OF COLORADO.
EXCEPT THAT PORTION AS PREVIOUSLY CONVEYED TO THE CITY OF FORT COLLINS IN DEED
RECORDED SEPTEMBER 8, 1992 AT RECEPTION NO. 92055176, LARIMER COUNTY RECORDS.
AND
EXCEPT ANY AND ALL OF THAT PORTION OF TRACT F, R.AINTREE, PLANNED UNIT
DEVELOPMENT WHICH LIES NORTH OF', THE NORTH LINE, EXTENDED WEST, OF THE
FOREGOING METES AND BOUNDS LEGAL DESCRIPTION.
� I
PROPERTY DESCRIPTION
Drainage Easement
Tract F of Raintree P.U.D.
A portion of Tract F of Raintree, a Planned Unit Development recorded May 29, 1981 as Reception
No. 413446 of the Records of Larimer County, located in the Southeast Quarter (SE1/4) of Section
Twenty-two (22), Township Seven North (T.7N.), Range Sixty-nine West (R.69W.), Sixth
Principal Meridian (6°i P.M.), City of Fort Collins, County of Larimer, State of Colorado, more
particularly described by metes and bounds as follows:
COMMENCING at the Northeast Corner of Tract A of the Fort Collins Senior Center P.U.D. as
recorded September 15, 1993 as Reception No. 93067048, and assuming the East line of said Tract
A to bear South 00°02'57" East, a grid bearing of the Colorado State Plane Coordinate System,
North Zone, North American Datum 1983/92, a distance of 286.74 feet with all other bearings
herein relative thereto;
THENCE South 00°02'57"
East along the East line of said Tract A a distance of 36.50 feet to the
POINT OF BEGINNING;
'I'IIF.NCE North 89°57'03"
East a distance of 4.11 feet;
THENCE South 00°33'22"
West a distance of 19.78 feet;
THENCE North 89°57'03"
East a distance of 33.51 feet;
THENCE South 00°02'57"
East a distance of 20.00 feet;
THENCE South 89°57'03"
West a distance of 33.72 feet;
THENCE South 00'33'22"
West a distance of 6.39 feet;
THENCE South 89'46' 11"
West a distance of 3.63 feet to the East line of said Tract A;
TI II NCE North 100°02'57"
West along the East line of said Tract A a distance of 46.18 feet to the
POINT OF BEGINNING;
Said parcel of land contains 851 sq. ft. or 0.020 acre, more or less (f), and is subject to any rights -
of -way or other casements of record'or as now existing on said described parcel of land.
SURVEYOR'S CERTIFICATE
I, Steven A. Lund, a Colorado Registered Professional Land Surveyor do hereby state that this
Property Description was prepared under my personal supervision and checking, and that it is true
and correct t�my knowledge and belief.
34995
Steven A. of King Surveyors, Inc.
Colorado Rcgl. ofessional
Land Surveyor #34995
KING SURVEYORS, INC.
9299 Eastman Park Drive
Windsor, Colorado 80550
(970) 686-5011
M \2004361 U Legal & ClosureA2004361B TR F DRAINAGE.doc Page I of I
DRAINAGE EASEMENT FOR I EXHIBIT I SOUTHEAST QUARTER OF
TRACT F OF RAINTREE P.U.D. SECTION 22, T.7N., R.69W.
POINT OF /I ROWDED. REC 2001055119
COMMENCEMENT
POINT OF G��4AA6 �\
BEGINNING
IN
LN89_57b3_E
33.51' —10 Q�
851 sq. ft. old
a 0.020 acres oI� L
r �$.93`7Q3��ri 10' UTILITY — — —
33.72' EASEMENT
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1 "= 30,
NOTE: This exhibit drawing is not intended to be
a monumented land survey. It's sole purpose
is as a graphic representation to aid in the
visualization of the written property description
which it accompanies. The written property
description supersedes the exhibit drawing.
LINE TABLE_
LINE
BEARING
'LENGTH
L1
N89'57'03"E
4.11'
L2
SOO'33'22"W
19.78'
L3
S00'33'22"W
6.39'
L4
S89'46'11"W
3.62'
7RA(-TF
9INTREE DRIVE oP?°� q ��� R,
34995
Steven A. Lund — on behalf924ta
Colorado Registered Professional
Land Surveyor #34995
f�ING A57URVEFORS, INC. PROJECT NO:2004361 B
DATE: 5-31-05
9299 EASTMAN PARK DRIVE, WINDSOR, CO 80550 CLIENT:NORTHSTAR
PHONE: (970) 686-5011 FAX: (970) 686-5821 DWG: 2004361 B-EXH
WWW.KINGSIJRVEYORS.COM DRAWN: CSK CHECKED: SAL
(1) All parking lot and driveway improvements located within the
Easement on the Bank Property including, without limitation, pavement, curb and
gutter, landscaping, lighting, striping, signage, barriers and other traffic control
devices in accordance with such plans as are approved by the City of Fort Collins,
Colorado (the "City"). The foregoing improvements are referred to as the "Bank
Property Improvements."
(2) All necessary driveway and related improvements both within and
outside of the Easement for that portion of the Magnuson Property lying
immediately north of the Bank Property so as to provide vehicular access between
the two Properties. Those improvements include, without limitation, pavement,
curb and gutter, landscaping, lighting, striping, signage, barriers, and other traffic
control devices in accordance with such plans as are approved by the City.
(3) All storm water discharge and detention improvements (whether
located on the Magnuson Property or elsewhere) necessary to (a) replace those
storm water improvements currently serving the Magnuson Property which will
be rernoved when the driveway improvements referenced in Section B(2) above
are constructed, and (b) otherwise adequately serve the storm water discharge and
detention needs of the Magnuson Property.
(4) Magnuson presently has access to the west side of the Magnuson
Property through the City of Fort Collins Senior Center ("Senior Center") parking
lot north of Raintree Drive. The area where such access joins the west boundary
line of the Magnuson Property is depicted on Exhibit C as the "Existing Access."
When the Existing Access is terminated under the City Access Agreement
(described in Section 3 below), the Bank will be responsible for design,
construction and installation of such improvements as may be associated with
closure of the Existing Access and blending such closure in with the existing
improvements on the Magnuson Property and the Senior Center. The
improvements referenced in Sections B(2), (3) and (4) are collectively referred to
as the "Magnuson Property Improvements."
The Bank shall obtain Magnuson's prior written approval (which shall not be
unreasonably withheld) of the design and construction plans for the Magnuson Property
Improvements.
Furthermore, prior to any closure of the Existing Access to the Magnuson
Property, the Bank will (1) cause the City at no cost to Magnuson to grant an access
easement to Magnuson (in a form reasonably satisfactory to Magnuson) providing access
from Raintree Drive northeasterly across the Senior Center parking lot to the southern
part of the Easement, and (2) complete the Bank Property Improvements and those
Magnuson Property Improvements referenced in Sections B(2) and (3) above so as to
provide access from Raintree Drive north through the Easement to the Magnuson
Property.
RCPTN N 20D1055118 "/06/2001 14:30:00 k PAGES - ^FEE - $10.00
M RODENDERGER RECORDS,., LARIMER COUNTY CO STATE DOC FEE - $.00
EASEMENT DEDICATION
KNOW ALL MEN BY THESE PRESENTS: That the undersigned being the owner and proprietor
of part of Tract "P", Raintree P.U.D., City of Fort Collins, County of Larimer, State of Colorado
do hereby dedicate and convey to and for public use, forever hereafter, the easements described
below, provided that acceptance by the City of this dedication of easement does not impose upon the
City a duty to maintain the easements so dedicated.
DRAINAGE EASEMENT: A drainage easement which is a part of Tract "F",
Raintree P.U.D., City of Fort Collins, County of Larimer, State of Colorado which
considering the East line of the Southeast 1/4 of Section 22, Township 7 North,
Itange 69 West of the 6th P.M. as bearing N00021'00"W and with all bearings
contained herein relative thereto is contained within the boundary lines which begin
at a point on the boundary line of said Tract "F" which bears N0002l'00"W 50.00 feet
and again N90000'00"W 50,00 feet and again N00021'00"W 1194.46 feet and again
589039'00"W 102.00 feet from the Southeast comer of said Section 22 and run
thence S99039'00"W 91.27 feet to a point on the East line of Tract "A", Fort Collins
Senior Center P.U.D.; thence N00021'001W 71,62 feet along the said Fast line; thence
S99053'30"17 91,28 feet, thence 500021'00"E 70.89 feet to the point of beginning.
Witness my hand and seal this I day of A.D. 2001.
By C- 0
Dr. Larry R. aignusotli
STATE OF COLORADO )
COUNTY OF LARIMER ) )ss
The foregoing instrument was acknowledged before me this 94f— day of V / OA q( , A.D.
2001, by Dr. Larry R. Magnuson.
Witness my hand and official seal.
Notary Public
My Commission Expires �I 12I05
ATTORNEY'S CERTIFICATE
This is to certify that the within easement has been duly executed as required pursuant to §2.2.3
(C)(3)(a) through (e) inclusive of the Land Use Code of the City of Fort Collins and that all persons
signing this easement on behalf of a corporation or other entity are duly authorized signatories under
the laws of the State of Colorado. This Certification is based upon an examination of the records of
the Clerk and Recorder of Larimer County, Colorado as of the 9 t h day of ma rc h
2001, andIloompalioLn discovered bymethrough reasonable inquiry and is limited as authorized
ythand Use Code.
315 W. Oak St., Suite 704
Street Adc4ess
21970 / Fort Collins CO 8Q,5,21
It<6istrelinn ll Cio, SWe. Zip Code M t y l
Accepted by the City of Fort Collins on the _ day of
City Clerk
a1yWl; CDLUA s✓
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RCPTN # 2000050999 07/28/2000 16:38:00 # PAGES - 5 FEE - $25.00
M RODENBERGER RECORDER, LARIMER COUNTY CO STATE DOC FEE - $.00
CROSS -GRANT OF EASEMENTS FOR STORM DRAINAGE,
ACCESS AND PARKING
THIS EASEMENT AGREEMENT, made this day of JdW 2000,
between TFIE CITS' OF FORT COLLINS, a municipal corporation, (the "Cityl and Dr. Larry R.
Magnuson, of 2813 McKeag Drive, Fort Collins, Colorado 80526 ("Magnuson").
RECITALS
1. The: City is the owner of certain real property situated in the City of Fort Collins,
Q
County of Larimer, State of Colorado, more fully described on Exhibit A attached hereto (the "City Q
Property") 'M
2. Magnuson is the owner of certain real property situated in the City of Fort Collins,
0
County of Larimer, State of Colorado, more fully described on Exhibit B attached hereto (the
1117
"Raintree Animal Clinic Property"). 10
3. Subject to the terms and conditions contained herein, it is the intention of the parties
to this Agreement to exchange access rights over the City Property for parking rights on the Raintree
Animal Clinic Property, and to grant to Magnuson a storm drainage utility easement on City Property,
as more specifically described herein. Z
TERMS
J^
NOW, THEREFORE, in consideration of the mutual covenants and obligations expressed Y
herein, and other good and valuable consideration, the receipt and adequacy of which is hereby
acknowledged, the parties agree as follows: J
1. The City hereby grants to Magnuson for the benefit of said party, its employees,
customers and invitees, a nonexclusive easement across that portion of the City Property shown on
Exhibit "C", attached hereto and incorporated herein by this reference (the "Storm Drainage Utility
and Access Easement"), for the operation and maintenance of a twelve -inch underground storm
drainage pipeline, as shown on the final Raintree Animal Clinic Overall Utility Plan for the Raintree
Animal Clinic Development Plan, prepared by Stewart & Associates, as finally approved by the City
of Fort Collins and on file in the official public records of the City of Fort Collins (the "Utility Plan"),
and for vehicular access to the Raintree Animal Clinic Property, excluding construction access, unless
and except to the ex -tent construction access is not available to the Raintree Animal Clinic Property
from Evenstar Drive and for a period not to exceed ten (10) days.
2- Magnuson hereby grants to the City for the benefit of said party, its employees,
customers and invitees, a nonexclusive easement for parking (the "Parking Easement") in the parking
areas to be constructed on the Raintree Animal Clinic Property in accordance with the final Raintree
Animal Clinic Development Plan, as finally approved by the City of Fort Collins and on file in the
DWx netts w _O
/ OLIVE & MESSANA, L P
✓✓✓ 205 S Meldrum Street
P.O. Box 2065
Fort Collins, CO 80522-2065
Ir
official public records of the City ofFort Collins (the "Development Plan"), provided, however, that
the use of such parking areas by the City, its employees, customers and invitees shall not be permitted
hereunder during the hours set forth below (the "Restricted Hours"), as follows:
A. Monday through Friday - between the hours of 7:00 a.m. and 7:00 p.m.;
B. Saturday - between the hours of 7:30 a.m. and 1:30 p.m.; and
C. Sunday - no restricted hours.
3. In addition to the Restricted Hours set forth above, the City further agrees that
Magnuson may, at his discretion, post as reserved at all times for exclusive use by Magnuson, his
designees, assigns or successors, up to four (4) parking spaces. Magnuson reserves the right to post
a sign on the Raintree Animal Clinic Property stating the Restricted Hours, and further stating that
violators may be ticketed and towed at the vehicle owner's expense.
4. For the purposes of this Agreement, the City, its employees, customers and invitees
using the Parking Easement shall be considered licensees, within the meaning of Section 13-21-115,
Colorado Revised Statutes, for purposes of establishing Magnuson's standard of care. Nothing
contained herein shall impose a standard of care higher than that set forth in Section 13-21-115, as
amended.
5. Construction of the access and installation of the storm drainage pipeline, together
with repair of any and all damage to the City's Property so as to return the same to its original
condition (except as shown on the Plans referenced hereinafter), shall be at Magnuson's sole cost and
expense, shall be consistent with the Utility Plan and the Development Plan, and shall be completed
within a twenty-one (21) day period reasonably acceptable to the then manager of the City's Senior
Center facility, but in no event later than December 31, 200L
6. In lieu of the parking rights granted to the City hereunder, Magnuson may choose at
any time to pay to the City an amount equal to the fair market annual lease value of access rights
granted to Magnuson hereunder (the "Lease Value"), as determined for the benefit of both parties,
but at Magnuson's sole cost and expense, by a professional real estate appraiser using applicable
appraisal industry standards techniques and practices, which appraiser shall be selected by mutual
agreement of the parties, subject to adjustment after each two (2) year period from the original
determination for property value changes over time, limited to an increase or decrease for any single
year of no more than 4%, and payable to the City annually on or before the anniversary date of
Magnuson's first such payment, until such time asMagnuson's access rights hereunder are terminated
or made permanent in accordance with Section 11, below.
7. Persons using the Access Easement or the Parking Easement in accordance with this
Agreement shall not be charged any fee for such use, except in the event of a violation of any terms,
conditions or restrictions set forth herein.
8. Nothing herein shall be construed to give either party any interest in any award or
payment made to the other party in connection with any exercise of eminent domain or transfer in lieu
thereof affecting said other party's parcel.
9. Subject to Section 11, below, the easements, restrictions, benefits, and obligations
hereunder shall create mutual benefits and servitude upon the City Property and the Raintree Animal
Clinic Property running with the land. This Agreement shall be binding upon and inure to the benefit
of the parties hereto, their respective heirs, representatives, tenants, successors and/or assigns. Any
deed, lease assignment, conveyance, or contract made in violation of this Agreement shall be void.
10, This Agreement may be modified or canceled only by the written consent of all record
owners of the City Property and the Raintree Animal Clinic Property.
ll. The access rights granted to Magnuson hereunder over the City Property shall
terminate and be of no further force or effect at such time as the City approves any development plan
for, and construction of an access way under such plan has been completed on that certain property
to the immediate South of and contiguous to the Raintree Animal Clinic Property (the "Adjoining
Property") sufficient for the operation of the proposed Raintree Animal Clinic. However in the event,
and only if, Magnuson, his successors and assigns, after using best efforts to acquire reasonably
sufficient rights of access over and across the Adjoining Property, including without limitation, the
unconditional offer to pay the fair market value attributable to such rights of access, fails to acquire
a right of access over the Adjoining Property sufficient for the operation of the proposed Raintree
Animal Clinic, then the rights granted to Magnuson hereunder shall remain in full force and effect in
perpetuity and the parking rights granted to the City hereunder shall terminate, conditioned upon and
effective as of the payment to the City by Magnuson, his successors and assigns, no later than thirty
( i0) days following the date on which the City grants final approval of the development plan for the
Adjoining Property, the maximum reasonable fair market value attributable to access rights granted
to Magnuson hereunder (the "Value of the Easement"). The Value of the Easement shall be
determined for the benefit of both parties, but at Magnuson's sole cost and expense, by a professional
real estate appraiser using applicable appraisal industry standards techniques and practices, which
appraiser shall be selected by mutual agreement of the parties. Such appraisal shall value as perpetual
rights those access rights granted to Magnuson by the City in this Easement. If Magnuson has paid
to the City an annual payment pursuant to Section 6, above, and if payment of the Value of the
Easement occurs during the year for which such annual payment has been made, Magnuson shall be
entitled to a credit against the payment due hereunder proportional to that portion of that year during
which Magnuson will no longer have access rights hereunder. In the event that the access rights
granted to Magnuson hereunder are terminated, all other rights granted to Magnuson hereunder shall
remain in full force and effect in perpetuity.
12 In the event that Magnuson's access tights are terminated hereunder, Magnuson, his
successors and assigns, shall be obligated to return the City Property to its condition prior to the grant
of this Easement (except the subsurface storm drainage pipeline, which may remain in place in
accordance with the rights granted therefor in Section 1, above).
13. Within five (5) business days after execution by all parties, Magnuson shall, at his own
cost and expense, cause this agreement to be recorded in the real property records of the Larimer
County, Colorado, Clerk and Recorder.
IN WITNESS WHEREOF, the parties have executed this Agreement.
Dr. Larry R Magnuson
STATE OF COLORADO )
ss.
COUNTY OF LARIMER )
5"..
~ "'The foregoing instrument was acknowledged before me this
da' of
2000, by Dr. Larry R. Magnuson.
Not ublic
"" My Commission Expires
My Commission Expires: 10/29/2000
a
,r
�,. THE CITY OF FORT COLLINS
A Municipal Cor ation
N "cn By: Az
s"1\ L o Randolph R. Martinez, Ma
Wart` "icek CityClerk-CIve-440el
�ln fir fiAm3
PROPERTY DESCRIPTION
Drainage Easement
Tract A of Fort Collins Senior Center P.U.D.
A portion of Tract A of the Fort Collins Senior Center P.U.D. as recorded September 15, 1993 as
Reception No. 93067048 of the Records of Larimer County, located in the Southeast Quarter
(SE 1/4) of Section Twenty-two (22), Township Seven North (T.7N.), Range Sixty-nine West
(R.69W.), Sixth Principal Meridian (6'I' P.M.), City of Fort Collins, County ofLarimer, State of
Colorado, more particularly described by metes and bounds as follows: '
COMMENCING at the Northeast Corner of Tract A of the Fort Collins Senior Center P.U.D. and
assuming the East line of said Tract A to bear South 00°02'57" East, a grid bearing of the Colorado
State Plane Coordinate System, North Zone, North American Datum 1983/92, a distance of 286.74
feet with all other bearings herein relative thereto;
THENCE South 00°02'57" East along the East line of said Tract A a distance of 36.50 feet to the
POINT OF BEGINNING;
THENCE South 00°02'57" East continuing along the East line of said Tract A a distance of 95.34
Feet,
THENCE South 79'15' 17" West a distance of 31.08 feet to the East line of an existing drainage
casement dedicated in the Fort Collins Senior Center P.U.D.;
'fl IENCE North 00024'33" East along said existing drainage easement a distance of 20.39 feet;
'fI IENCE North 79' 15' 17" East a distance of 15.50 feet;
TIIENCF_. North 00°02'57" West along a line parallel with the East line of said Tract A a distance
of38.07 feet;
TI I FNCE South 89°57'03" West a distance of 14.90 feet to the East line of an existing drainage
casement dedicated in the Fort Collins Senior Center P.U.D.;
TI lFNCF. North 00°24'33" East along said existing drainage easement a distance of 20.00 feet;
TFIENCE North 89°57'03" East a distance of 14.74 feet;
THENCE North 00°02'57" West along a line parallel with the East line of said Tract A a distance
of 19.78 feet;
THENCE North 89°57'03" East a distance of 15.14 feet to the East line of said Tract A and the
POINT OF BEGINNING;
Said parcel of land contains 2,074 sq. ft. or 0.048 acre, more or less (±), and is subject to any
rights -of -way or other easements of record or as now existing on said described parcel of land.
SURVEYOR'S CERTIFICATE
I, Steven A. Lund, a Colorado Registered Professional Land Surveyor do hereby state that this
Property Description was prepared under my personal supervision and checking, and that it is true
and correct to the t of my knowledge and belief.
vp-t REG%
Il:
Steven A. "„pn be t f King Surveyors, Inc.
Colorado Rcb$ sslonal
Land Surveyor 1134995
KING SURVEYORS, INC.
9299 Eastman Park Drive
Windsor, Colorado 80550
(970) 686-501 1
M \200,1361 RVLegal g CIOaureA2004361n TR A DRAINAGE. doc Page I or I
Drainage Easement for Tract A of r .T SOUTHEAST QUARTER OF
Fort Collins Senior Center P.U.D. EXHIBIT SECTION 22, T.7N., R.69W.
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NOTE: This exhibit drawing is not intended to be
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description supercedes the exhibit drawing.
AJ-jvc .SURYZyORS, INC. PROJECT NO:2004361 B
9299 EASTMAN PARK DRIVE, WINDSOR, CO 80550 DATE: 5-31-05
CLIENT: NORTHSTAR
PHONE: (970) 686-5011 FAX: (970) 686-5821 DWG: 2004361 B—EXH
WWW.KINGSIJRVEYORS.COM DRAWN: CSK CHECKED: SAL
PROPERTY DESCRIPTION
Cross Access and Emergency Access Easement
Tract A of Fort Collins Senior Center P.U.D.
A portion of Tract A of the Fort Collins Senior Center P.U.D. as recorded September 15, 1993 as
Reception No. 93067048 of the Records of Latimer County, located in the Southeast Quarter
(SFI/4) of Section Twenty-two (22), Township Seven North (T.7N.), Range Sixty-nine West
(R.69W.), Sixth Principal Meridian (6°i P.M.), City of Fort Collins, County of Latimer, State of
Colorado, more particularly described as follows:
COMMENCING at the Southeast Corner of Tract A of the Fort Collins Senior Center P.U.D. and
assuming the East line of said Tract A to bear North 00°02'57" West, a grid bearing of the
Colorado Slate Plane Coordinate System, North Zone, North American Datum 1983/92, a distance
of 286.74 feet with all other bearings herein relative thereto;
THENCE North 00°02'57" West along the East line of said Tract A a distance of 29.08 feet to the
POINT OF BEGINNING;
THENCE North 89°41'57" West a distance of47.91 feet;
THENCF South 55°51'07" West distance of45.83 feet;
THENCE South 22°29'50" East a distance of 21.21 feet to the Northerly Right of Way (ROW) line
of Raintrec Drive and the Beginning Point of a Curve, said curve being non -tangent to the aforesaid
course;
TI IENCE Southwesterly along the are of a curve concave to the Southeast a distance of 24.01 feet,
said curve has a Radius of 274.00 feet, a Delta of 05°01' 13" and is subtended by a Chord bearing
South 67°32'21" West a distance of 24.00 feet to a point of departure from said ROW line;
THENCE North 22°29'50" West a distance of 40.75 feet;
THENCE North 55°51'07" East a distance of 72.83 feet;
TI IENCF. South 89°41'57" East a distance of 55.20 feet to the East line of said Tract A;
THENCE South 00°02'57" East along the East line of said Tract A a distance of 24.00 feet to the
POINT OF BEGINNING;
Said parcel of land contains 3,400 sq. ft. or 0.078 acre, more or less (±), and is subject to any
rights -of -way or other easements of record or as now existing on said described parcel of land.
SURVEYOR'S CERTIFICATE
I, Steven A. Lund, a Colorado Registered Professional Land Surveyor do hereby state that this
Property Description was prepared under my personal supervision and checking, and that it is true
and correct to the best of my knowledge and belief.
�3+1D95 t�: ¢oo7:s
Steven A. on befial26,1�Aing Surveyors, Inc.
Colorado Rc �t4tdisft)nal
Land Surveyort#3
KING SURVEYORS, INC.
9299 Eastman Park Drive
Windsor, Colorado 80550
(970) 686-501 1
M.A2004361 BALegal & Closure\2004361 B TR A ACCESS.doc Page I of I
3 C. Temporary Construction Easement. Magnuson grants the Bank a
temporary construction easement (the "Temporary Construction Easement") in, over and
across that portion of the Magnuson Property upon which the Magnuson Property
Improvements will be located, and such adjacent area as is reasonably necessary for the
construction of such Magnuson Property Improvements. The Bank may use the
Temnorary Construction Easement for all purposes reasonably associated with the
construction and installation of the Magnuson Property Improvements. Access for such
construction shall be from the Bank Property to the south or the Senior Center to the
west, and not from F,venstar Court to the north. With the exception of the closure of the
Existing Access referenced in Section B(4) above, in no event shall the Bank's
construction activities relating to the Magnuson Property Improvements or the Bank
Property Improvements impair or impede any current access to the Magnuson Property.
Any portion of the Magnuson Property (outside of the immediate area of the referenced
Improvements) which is disturbed during construction shall be restored by the Bank to its
condition prior to such disturbance. This Temporary Construction Easement shall
terminate upon the earlier of (1) completion of the Bank's construction of the Magnuson
Property Improvements or (2) June 1, 2008.
D. Maintenance and Repair. Following the initial construction and
installation of the Improvements, each party shall be solely responsible and liable for all
costs of maintaining, repairing, inspecting, improving, and replacing such Improvements
on that portion of the Easement lying on the Property owned by such parry, with the
exception that (1) the Bank shall be responsible for any repair or replacement of any
Magnuson Property Improvements within one year after completion of such
Improvements to the extent such repair or replacement is not necessitated by any act or
omission of Magnuson, its agents or invitees, and (2) any party who causes damage to
Improvements on the other party's Property shall be responsible for the cost to repair
such damage.
E. Snow Removal/Cleaning. Each party shall be solely responsible and
liable for snow removal and cleaning of the Improvements on that portion of the
Easement located on such party's Property.
F. Signage. Prior to completion of the Bank Property Improvements, the
Bank will install at the southwest comer of the Bank Property a directional sign (the
"Sign") identifying the Raintrce Animal Hospital located on the Magnuson Property.
The design and material for the Sign will be as agreed upon by Magnuson and the Bank,
provided that the Sign is approved by the City (if necessary) and the Sign shall otherwise
comply in all respects with the City Sign Code (for example, the Sign cannot exceed four
square feet per face or ten feet in height, and cannot carry a commercial message other
than identification). To the extent the Sign is not approved by the City, Magnuson shall
be solely responsible for any appeal or variance proceedings. The Bank will pay up to
$2,500 toward the cost of the Sign, with Magnuson to be responsible for any Sign cost in
excess of $2,500. Magnuson shall be responsible for maintenance, repair and
replacement of the Sign, except that the Bank shall be responsible for the cost of any
maintenance, repair or replacement caused by any act or omission of the Bank, its
3
Cross Access & Emergency r7 T7 T T SOUTHEAST QUARTER OF
I
Access Easement EXHIBIT SECTION 22, T.7N., R.69W.
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Steven A. Lund — on beha
Colorado Registered Profess
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ROWDED RBC 2001055"119
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NOTE: This exhibit drawing is not
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graphic representation to aid in the
visualization of the written property
description which it accompanies.
The written property description
¢upercedes the exhibit drawing.
�A cr.9
TRAC'TT
Inc.
LYING SURV YOBS, I1VC. PROJECT NO:2004361 B
05
9299 EASTMAN PARK DRIVE, WINDSOR, CO 80550 DATE: HS
CLIENT:: NORTHSTAR
PHONE: (c70) 686-5011 FAX: (970) 686-5821 DWG:2004361 B—EXH
WWW.KINGSURVEYORS.COM DRAWN: CSK CHECKED: SAL
PROPERTY DESCRIPTION
Temporary Construction Easement
Tract A of Fort Collins Senior Center P.U.D.
A portion of Tract A of the Fort Collins Senior Center P.U.D. as recorded September 15, 1993 as
Reception No. 93067048 of the Records of Larimer County, located in the Southeast Quarter
(SE I/4) of Section Twenty-two (22), Township Seven North (T.7N.),'Range Sixty-nine West
(R.69W.), Sixth Principal Meridian (6`I' P.M.), City of Fort Collins, County of Larimer, State of
Colorado, more particularly described as follows:
The Easterly Thirty (30.00) feet of Tract A of the Fort Collins Senior Center P.U.D. as recorded
September 15, 1993 as Reception No. 93067048 of the Records of Larimer County.
Said parcel of land contains 8,648 sq. ft. or 0.199 acre, more or less (±), and is subject to any
rights -of -way or other casements of record or as now existing on said described parcel of land.
SURVEYOR'S CERTIFICATE
1, Steven A. Lund, a Colorado Registered Professional Land Surveyor do hereby state that this
Property Description was prepared under my personal supervision and checking, and that it is true
and correct tgrW'P of my knowledge and belief.
3499a; o
�r S
Steven A. t[4 liof King Surveyors, Inc.
Colorado Regis 3� rofessional
Land Surveyor#34995
KING SURVEYORS, INC.
9299 Eastman Park Drive
Windsor, Colorado 80550
(970) 686-501 1
M:A2004361 BVLeg,,l .F Closure\2004361 B TR A TEMP CONSTA.o Ngc I of I
Temporary Construction Easement for [; Z'T TTBTT I SOUTHEAST QUARTER OF
TTroA of Fort Collins Senior Center P.U.D. L 1 SECTION 22, T.7N., R.69W.
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NOTE: This exhibit drawing is not intended to be
a monumented land survey. It's sole purpose
is as a graphic representation to aid in the
visualization of the written property description
which it accompanies. The written property
description supercedes the exhibit drawing.
Z
T/RACTF
DRIVE
S
AiTVG SuivVEYORS, ING' PROJECT NO:2004361 B
DATE: 5-31-05
9299 EASTMAN PARK DRIVE, WINDSOR, CO 80550 CLIENT:NORTHSTAR
PHONE: (970) 686-5011 FAX: (970) 686-5821 DWG: 2004361 B-EXH
WWW.KINGSURVEYORS.COM DRAWN: CSK CHECKED: SAL
Katie Moore - Variance requests for Shields and Raintree protect
Page 1
From:
Katie Moore
To:
tricia(gnorthstardesigninc.com
Date:
2/17/05 3:29PM
Subject:
Variance requests for Shields and Raintree project
Tricia,
I'm not sure whether you need the variance request for the right turn lane ROW at Shields and Raintree.
It looks like you're dedicating 57.5' of ROW from the section line of Shields, which, if your drawing for the
utility easement is correct, is offset to the west of the centerline of Shields by maybe 13'. Since we require
ROW dedication from the centerline of the road, it looks like the ROW dedication you're showing is correct
and you don't need a variance. You should double-check the centerline location of Shields to verify this,
though.
I spoke with Eric Bracke, and he was not interested in seeing the right turn lane constructed with this
project, but the ROW dedication for the RTL will accommodate that lane when it is needed in the future.
I will route your request for a reduced utility easement along Shields. The due date for responses will be
the 4th of March, but I will be out of the office then, so I will ask another engineer here to gather the
responses and let you know.
Please feel free to contact me with any questions,
Katie
Katie Moore
Development Review E=ngineer (EI)
City of Fort Collins
(970)221-6605
Katie Moore - Re: Home state Bank
Page 1
From: Basil Hamdan
To: Kathy Valdez, Katie Moore, Tricia Kroetch
Date: 5/27/2005 11:43:00 AM
Subject: Re: Home state Bank
Hi Tricia, Katie and Kathy,
I received the claculations regarding the Home State Bank this morning.
I reviewed them and il: looks like the downstream system will be able to
accommodate the proposed release rates from the proposed bank site as
well as the existing vet clinic without needing to place any additional
detention on City property at the Senior Center.
Based on that it would be OK for me if this item proceeds to a hearing.
Thanks,
Basil
>>> "Tricia Kroetch" <Tricia@North StarDesignInc. com> 05/27/05 07:13AM >>>
Basil,
I faxed you the revised calculations and it looks pretty good. I was able to reduce the release rate from
3.04 cfs to 0.55 cfs by using the parking lot detention. Call me if you have questions after you have a
chance to review them. Also, I think you need to release us to go to hearing - at least that's what Katie
told me........
Tricia
M
North Star
design, inc.
January 18, 2005
Ms. Katie Moore
City of Fort Collins Engineering
281 North College Avenue
Fort Collins, CO 80525
Re: Request for Variance 1 — Right turn lane at the Northwest Corncr of Shields and
Raintree
Proj: 238-01
Dear Ms. Moore:
The following is a request for variance from Figure 8-4 — Traffic Volume Guidelines
for Design Right Turn Lanes in the "Larimer County Urban Area Street Standards,
October 2002" for the southbound leg of Shields Street at the intersection with Raintree
Drive.
This request is to waive the requirement for 12' of additional right of way dedication for
a right turn lane and to forgo the construction of the right turn lane. The variance is being
requested because of existing site constraints. The dedication of the additional 12' of
right of way would make the lot substantially smaller and virtually undevelopable for the
use proposed. There is sufficient width within the right of way to construct a right turn
lane if one is desired in the future.
The intersection of Shields and Raintree currently is signalized and the existing traffic
volumes already warrant a right turn lane. The volume of right turns generated by this
site (6 in peak morning and 11 in peak evening) is substantially less that the existing
turning volume (54 in peak morning and 159 in peak evening). A majority of this right
turn volume is generated by the Senior Center yet there was no requirement for
construction of the right turn lane with that development. No other intersections in this
area of Shields Street have right turn lanes and, as discussed in the December 21, 2004
meeting with Eric Bracke, the City has not enforced the requirements for construction of
right turn lanes in this corridor.
Another constriction to consider is the existing traffic signal. The signal is in a location
that would not allow a right turn lane without relocation of that signal. This is a
substantial cost to be borne by one development that is contributing a small number to an
existing larger volume of right turns.
700 Automation Drive, Unit I Windsor, Colorado 80550
970-686-6939 Phone - 970-686-1 1 88 Fax
The above variance may produce minor delays at the Shields/ Raintree intersection but
ultimately will not compromise the public health, safety and welfare. Please call me with
any questions or additional information that you may need for the approval of this
variance.
Katie Moore - Home State Bank Shields Utility Easement / Metal Awnings Page 1
From: 'Rebecca Spears" <rspears@rbbarchitects.com>
To: <kaimoore@fcgov.com>,<dennis_greenwalt@cable.comcast.com>,
<jim dewilde@excelenergy.com>, <Ispence@gwest.com>, <dmartine@fcgov.com>,
<wlamarque@fcgov.com>, <rbuffington@fcgov.com>
Date: 7/21/2005 4:03:01 PM
Subject: Horne State Bank Shields Utility Easement / Metal Awnings
Hi All,
Katie Moore with City of Fort Collins Engineering has asked that we get
your approval for 2 awnings on the south side of the new Home State Bank
building at Shields and Raintree. The awnings will overhang the utility
easement by T-0" at a height of 1 U-8". The awnings are metal by the
signage company and will be easily removable. The elevation drawing and
the attachment detail are included for illustration. At this time the
utility easement does not have any utilities in it or planned for it.
Please reply to this email and also copy Katie.
Thanks,
Rebecca E. Spears, AIA
RB+B Architects, Inc.
315 E. Mountain Avenue
Fort Collins, CO. 80524
970-484-0117 (p)
970-484-0264 (f)
CC: <aaspen@fcgov.com>, "Scott Sinn" <ssinn@bhadesign.com>,
<steve. lobes@home:stateban k. com>
Katie Moore - Re: Home State Bank Shields Utility Easement / Metal Awnings Page 1
From: Wes Lamarque
To: Rebecca Spears
Date: 7/21/2005 4:21:20 PM
Subject: Re: Home State Bank Shields Utility Easement / Metal Awnings
OK, No Issues
>>> "Rebecca Spears" <rspears@rbbarchitects.com> 07/21/05 04:02PM >>>
Hi All,
Katie Moore with City of Fort Collins Engineering has asked that we get
your approval for 2 awnings on the south side of the new Home State Bank
building at Shields and Raintree. The awnings will overhang the utility
easement by 3'-0" at a height of 10'-8". The awnings are metal by the
signage company and will be easily removable. The elevation drawing and
the attachment detail are included for illustration. At this time the
utility easement does not have any utilities in it or planned for it.
Please reply to this email and also copy Katie.
Thanks,
Rebecca E. Spears, AIA
RB+B Architects, Inc.
315 E. Mountain Avenue
Fort Collins, CO. 80524
970-484-0117 (p)
970-484-0264 (f)
CC: Katie Moore
Katie Moore - Re Home State Bank Shields Utility Easement / Metal Awnings Page 1
From: Anne Aspen
To: Rebecca Spears
Date: 7/21/2005 4:13:09 PM
Subject: Re: Home State Bank Shields Utility Easement / Metal Awnings
Here in planning we have no complaints. We love awnings.
Anne
>>> "Rebecca Spears' <rspears@rbbarchitects.com> 07/21 4:02 PM >>>
Hi All,
Katie Moore with City of Fort Collins Engineering has asked that we get
your approval for 2 awnings on the south side of the new Home State Bank
building at Shields and Raintree. The awnings will overhang the utility
easement by T-0" at a height of 10'-8". The awnings are metal by the
signage company and will be easily removable. The elevation drawing and
the attachment detail are included for illustration. At this time the
utility easement does not have any utilities in it or planned for it.
Please reply to this ernail and also copy Katie.
Thanks,
Rebecca E. Spears, AIA
RB+B Architects, Inc.
315 E. Mountain Avenue
Fort Collins, CO. 80524
970-484-0117 (p)
970-484-0264 (f)
CC: Kal:ie Moore
employees, agents or invitees. The Bank grants to Magnuson a perpetual, non-exclusive
easement for the limited purpose of maintaining, repairing and replacing the Sign.
G. Neglect by a Party. If either party neglects to timely perform any work
described in subsections 2(B), (D), (E) or (F) above, the other party shall have the right,
but no oblieation whatever, followine 10 days prior notice to the neelectine party. to
cause such work to be performed in a proper manner. In such event, the other party shall
promptly reimburse the party which caused such work to be performed for all reasonable
costs of such work. Any reimbursement not paid within thirty days after presentation of a
bill and invoices supporting such bill shall accrue interest at the rate of fifteen percent
(15%) per arum, commencing on the 31 st day following such billing, and the delinquent
party shall be liable for all costs of collection, including reasonable attorneys fees.
H. Indemnity. Except for the parties' specific obligations under the other
provisions of this Agreement, each party acknowledges that the other shall have no
liability to it, or to their respective users or invitees, at any time resulting from, or arising
out of, the use of the Easement, unless caused by gross negligence or intentional act.
Furthermore, Magnuson shall have no liability for the cost of the Improvements, and
other improvements built or located on the Bank Property, or any offsite improvements
which may be required by the City in connection with the development of the Bank
Property. Each party indemnifies the other party against, and agrees to hold it harmless
from, any and all damages, injuries, expenses, claims, or other obligations (including, but
not limited to, reasonable attorneys fees) asserted by any tenant or invitee using the other
party's portion of the Easement. The Bank shall also indemnify Magnuson against, and
hold both Magnuson and the Magnuson Property harmless from, any claims, mechanic's
liens, damages or expenses arising from the construction of the Magnuson Property
Improvements. Each party shall maintain liability insurance on the portion of the
Easement lying on such party's Property, in an amount of at least $1,000,000 with a
reputable insurance company and shall provide the other party with proof that such
insurance is currently in force, from time to time, upon request.
3. Contingency. The Existing Access across the Senior Center property to the west
boundary of the Magnuson Property is allowed pursuant to a Cross -Grant of Easements for
Storm Drainage, Access and Parking entered into by the City and Larry R. Magnuson which was
recorded with the Clerk and Recorder of Larimer County, Colorado on July 28, 2000 at
Reception No. 2000050999 (together with Memorandum to Cross -Grant of Easements for Storm
Drainage, Access and Parking recorded on October 3, 2000 at Reception No. 2000068406
referred to as the `City Access Agreement"). The City Access Agreement provides that the
access rights granted to Magnuson over the Senior Center property will terminate when (a) the
City approves the development plan for the Bank Property, and (b) construction of an access way
under such plan providing access to the Magnuson Property has been completed on the Bank
Property. Accordingly, when the City approves the Bank Property development plan and the
Bank Property Improvements (as well as the Magnuson Property Improvements other than
closure of the Existing Access) have been completed, the Existing Access to the Magnuson
Property will be closed. The occurrence of both events in 3(a) and (b) above is referred to as the
"Contingency" The Easement will not be necessary until the Contingency is satisfied. If the
4
Katie Moore - RE Home State Bank Shields Utility Easement / Metal Awnings Page 1
From: "Greenwalt, Dennis" <Dennis_Greenwalt@cable.comcast.com>
To: "Rebecca Spears" <rspears@rbbarchitects.com>, <kamoore@fcgov.com>,
<jim dewilde@excelenergy.com>, <Ispence@gwest.com>, <dmartine@fcgov.com>,
<wlamarque@fcgov.com>, <rbuffington@fcgov.com>
Date: 7/25/2005 10:26:53 AM
Subject: RE Home State Bank Shields Utility Easement / Metal Awnings
Comcast would not have a problem with this.
Dennis Greenwalt
-----Original Message -----
From: Rebecca Spears (mailto:rspears@rbbarchitects.com]
Sent: Thursday, July 21, 2005 4:03 PM
To kamoore@fcgov.com, Greenwalt, Dennis, jim.dewilde@excelenergy.com; Ispence@gwest.com,
dmartine@fcgov.com, wlamarque@fcgov.com, rbuffington@fcgov.com
Cc: aaspen@fcgov.com, Scott Sinn, steve.fobes@homestatebank.com
Subject: Home State Bank Shields Utility Easement / Metal Awnings
Hi All,
Katie Moore with City of Fort Collins Engineering has asked that we get your approval for 2 awnings on the
south side of the new Home State Bank building at Shields and Raintree. The awnings will overhang the
utility easement by T-0" at a height of 10'-8". The awnings are metal by the signage company and will be
easily removable The elevation drawing and the attachment detail are included for illustration. At this
time the utility easement does not have any utilities in it or planned for it.
Please reply to this ernail and also copy Katie.
Thanks,
Rebecca E. Spears, AIA
RB+B Architects, Inc.
315 E. Mountain Avenue
Fort Collins, CO. 80524
970-484-0117 (p)
970-484-0264 (f)
CC: <aaspen@fcgov.com>, "Scott Sinn" <ssinn@bhadesign.com>,
<steve.fobes@hom a stateban k. com>
Katie Moore - Re. Home State Bank Shields Utility Easement / Metal Awnings
Page 1
From: Alan Rutz
To: Katie Moore, Rebecca Spears
Date: 7/25/2005 9:33:36 AM
Subject: Re: Home State Bank Shields Utility Easement / Metal Awnings
Light and Power does not have any system along the north side of Raintree. The awnings hanging over
that easement are not a problem for the Utility.
Alan Rutz
Light and Power
224-6153
>>> "Rebecca Spears' <rspears@rbbarchitects.com> 07/21/05 04:02PM >>>
Hi All,
Katie Moore with City of Fort Collins Engineering has asked that we get
your approval for 2 awnings on the south side of the new Home State Bank
building at Shields and Raintree The awnings will overhang the utility
easement by T-0" at a height of 10'-8". The awnings are metal by the
signage company and will be easily removable. The elevation drawing and
the attachment detail are included for illustration. At this time the
utility easement does not have any utilities in it or planned for it.
Please reply to this email and also copy Katie.
Thanks,
Rebecca E. Spears, AIA
RB+B Architects, Inc.
315 E. Mountain Avenue
Fort Collins, CO. 80524
970-484-0117 (p)
970-484-0264 (f)
Katie Moore - FW Home State Bank Shields Utility Easement / Metal Awnings Page 1
From:
"Rebecca Spears" <rspears@rbbarchitects.com>
To:
<kamoore@fcgov.com>
Date:
7/28/2005 8:49:08 AM
Subject:
FW: Home State Bank Shields Utility Easement / Metal Awnings
From: DeWilde, Jim [mailto:Jim.DeWilde@XCELENERGY.COM]
Sent: Thursday, July 28, 2005 7:04 AM
To: Rebecca Spears
Subject: RE: Home State Bank Shields Utility Easement / Metal Awnings
Good Morning, No problem with the proposed awnings for the bank with Xcel
energy. Jim DeWilde! ----- Original Message -----
From: Rebecca Spears [mailto:rspears@rbbarchitects.com]
Sent: Wednesday, July 27, 2005 3:40 PM
To: DeWilde, Jim
Subject: FW: Home State Bank Shields Utility Easement / Metal Awnings
Hi Jim,
I got your address wrong the first time. Hopefully this reaches you.
Please send your response to me and Katie Moore.
Thanks,
Rebecca
From: Rebecca Spears
Sent: Thursday, July 21, 2005 4:03 PM
To: 'kamoore@fcgov.com','den nis_greenwalt@cable.comcast.com`
'jim.dewilde@excelenergy.com', 'Ispence@gwest.com` 'dmartine@fcgov.com';
'wlamarque@fcgov.com', 'rbuffington@fcgov.com'
Cc: 'aaspen@fcgov.com'; 'Scott Sinn', Steve Fobes
(steve lobes@homestatebank.com)
Subject Home State Bank Shields Utility Easement / Metal Awnings
Hi All,
Katie Moore with City of Fort Collins Engineering has asked that we get your
approval for 2 awnings on the south side of the new Home State Bank building
at Shields and Raintree. The awnings will overhang the utility easement by
T-0" at a height of 1 U-8". The awnings are metal by the signage company
and will be easily removable. The elevation drawing and the attachment
detail are included for illustration. At this time the utility easement
does not have any utilities in it or planned for it.
Please reply to this email and also copy Katie.
Thanks,
Rebecca E. Spears, AIA
Katie Moore - FW: Home State Bank Shields Utility Easement / Metal Awnings
Page 2
RB+B Architects, Inc.
315 E. Mountain Avenue
Fort Collins, CO. 805:24
970-484-0117 (p)
970-484-0264 (f)
5 Contingency is not satisfied by June 1, 2008, this Agreement (specifically including, without
limitation, the Easement) shall terminate and the parties shall be released from any further
obligations under this Agreement. Furthermore, if the Contingency is not satisfied by June 1,
2008 then either party may record a notice of termination with the Larimer County Clerk and
Recorder, in which case this Agreement shall no longer be considered an encumbrance upon, or
.y _ �tt� :a._
v� w u
the foregoing, the parties shall be entitled to waive, in writing, the Contingency and require
specific performance of this Agreement despite the Contingency not being satisfied.
4. Conveyance. A small strip of the Magnuson Property lies immediately west of
and adjacent to the Bank Property as well as lying immediately south of and adjacent to the Bank
Property (the "Magnuson South Property"). The Magnuson South Property is legally described
on Exhibit D, attached hereto and incorporated herein by reference. Concurrently with the
execution of this Agreement, Magnuson will convey the Magnuson South Property to MoJo
Investments, LLC, a Colorado limited liability company ("MoJo") by quit claim deed for no
additional consideration, and MoJo will immediately convey the Magnuson South Property to
the Bank. The conveyance will be a Non -Regulated Land Transfer under Section 1.4.7 of the
City of Fort Collins Land Use Code. Property taxes will not be prorated, and Magnuson will not
provide MoJo or the Bank with a title insurance policy for the Magnuson South Property. The
conveyance shall net be affected by any subsequent termination of this Agreement.
5. Arbitration. In the event of any disagreement with respect to whether to make
any repair, maintenance or improvement, the parties hereto shall submit the matter to binding
arbitration, to be heard by a single arbitrator. If an agreement cannot be reached between the
parties hereto for a mutually acceptable single arbitrator, then each party shall select an
individual arbitrator, and the two individual arbitrators shall, in turn select a third arbitrator, who
shall resolve any of the above described issues. In such instance, the parties agree to be bound
by the decision of the single arbitrator so selected, and any decision can be reduced to a Court
Order with the District Court of Larimer County, as required.
6. Eascment to Run with Land. The grant of the Easement shall run with the lands
of the parties hereto, and shall be binding on and shall inure to the benefit of the parties hereto,
their respective heirs, successors and assigns, including, without limitation, all subsequent
owners of the lands, and all persons claiming under them, their lessees, guests and invitees. The
Easement shall be non-exclusive and shall be for the benefit of and appurtenant to the parties'
respective properties herein described and shall run with the land and shall inure to the benefit
of, and be binding upon, the parties hereto, their respective heirs, successors, and assigns,
including, without limitation, all subsequent owners of the lands, and all persons claiming under
them, their lessees, guests and invitees.
7. Duration. The Easement rights granted herein shall endure until (a) this
Agreement is terminated because the Contingency referenced in Section 3 above has not been
satisfied by June 1. 2008, (b) this Agreement is terminated by mutual written agreement of the
parties, or (c) the parties mutually abandon the Easement.
8. Binding Effect. The Easement rights granted herein shall inure to the benefit of,
and be binding upon, the parties and their respective grantees, successors and assigns. The
5
benefits and burdens of this Agreement shall run with the lands described herein and shall be
binding upon all future owners and users thereof.
9. Default. In the event of default of any of the terms and conditions of this
Agreement (other than as described in paragraph 5 above), then following 10 days notice to the
a..c....ir ....
uw uuaL'i6 Nw l'y', i ..
and/or arbitration at its discretion against the defaulting party and seek all legal and/or equitable
remedies, including, but not limited to specific performance against the defaulting party, together
with damages.
10. Attorneys' Fees Upon Default. In any arbitration or 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 arbitration/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 arbitration/litigation as the arbitrator/Court
may award.
11, Colorado Law. This Agreement shall be interpreted and enforced in accordance
with the laws of the State of Colorado, and venue shall be proper with the District Court of
Latimer County, Colorado. By execution of this Agreement, the parties waive their right to a
trial by jury.
12. Counterparts. This Agreement may be executed with counterpart signature
pages, all of which together shall constitute a single recordable agreement binding on both
parties.
13. Notice. Notice hereunder shall be deemed to be given when mailed by United
States mail, postage pre -paid, to the parties, as follows:
Home State Bank
303 East Mountain Avenue
Fort Collins, CO 80524
Magnuson Holdings, LLC
2236 Hiawatha Court
Fort Collins, CO 80525
14. Sevr_rability. The validity and forceability in any particular circumstance of any
term or provision under this Agreement shall in no way effect any other term or provision hereof,
but the remaining terms shall remain in full force and effect.
15. Survival. The provisions of Section 2(H) (indemnify) shall survive terr:inafion
of this Agreement.
16. Entire Agreement. This Agreement shall constitute the entire Agreement
between the parties and any prior understandings or representations of any kind preceding the
date of this Agreement Any modification of this Agreement or additional obligation assumed
by any party in connection with this Agreement shall be binding only if evidenced in writing and
signed by each party or an authorized representative of each party.
E
17. Effective Date. This Agreement shall be binding upon all the parties
immediately upon its execution. However, if the Contingency is not satisfied as described in
Section 3 above, by June 1, 2008, this Agreement shall automatically terminate as of said date.
18. Authority. Each of the parties represents and warrants to the other that it has the
L '. A _...--- .....1 ♦ ._C...-.-.. nii �� its .i.I. rtnM ��n
rcquieiic po"u aiiu autu0iny to cu%cr liuJ uuo c.�. wiu„iii auu
hereunder in accordance with the terms set forth in this Agreement; and that all action necessary
to make this Agreement binding upon such party has been completed, and that this Agreement
constitutes a valid, legal, binding and enforceable obligation of such party.
19. Cooperation. Each party agrees to execute and deliver such additional
instrument or instruments as the other party may from time to time request in order to effectuate
the terms and conditions of this Agreement.
20. Recording. This Agreement shall be recorded with the Clerk and Recorder of
Larimer County, Colorado.
21. Time of the Essence. Time shall be of the essence for the performance of all of
the terms and conditions of this Agreement. In the event that either parry shall fail or refuse to
perform according to the terms and conditions of this Agreement, it may be declared to be in
default hereof.
IN WITNESS WHEREOF, the parties hereto have signed this Agreement on the dates
shown by their respective signatures.
(Signature pages follow. j
7
I Ionic State Bank, a state banking corporation Ma.iuson Holdings, LLC,
L / a Colorado limited liability company
By: try:
Date <� /� ��/C_ Date: February23 2005
STATE OF COLORADO )
ss.
COUNTY OF LARIMFR )
Acknowledged before me this
of [Ionic State Bank, a state banking corporation.
Witness my hand and official seal.
day of /February r 2005, by
as
My commission expires:
Notary Public
I MY L. ZSCHEILLE
I NOTARY PUBLIC ll
STATE OF COLOP ADO 1 1 _____ is
11 SIAI L OF CULUKAUU 16
COUNTY OFLARIMER ) My Commission Expires Sept. 17,2008
Acknowledged before me this 23`d day of February, 2005, by Larry R. Magnuson as
Manager of Magnuson Holdings, LLC, a Colorado limited liability company.
Witness my hand and official seal.
My commission expires:/7/ 1
otary
I AA I ( 1('(' ALJ.. fi— -1, 11 .Ldn U r. n, ( -,e L— 11-11. c , 1-- D,Lnill I A,L O„Eo`;ac
S
LENDER RATIFICATION
First National Bank, as the beneficiary under a Deed of Trust recorded against the
Magnuson Property., consents to and ratifies the foregoing Cross -Access Easement Agreement.
Date: _ 2 L7 _3Z1C7a
First National Bank
STATE OF COLORADO
) ss.
COUNTY OF LARIMER )
c%� I
Acknowledged before me this day of "'Jo -a ,`;. 2005, by
as L'`Ce
of First National Bank.
Witness my hand and official seal.
My commission expires:,
CMJ
.F
6200F .o.
CS; �C-X 3
Notary Public
IS ITC RIC MNn Im' Anrnle. LL I. p M , son Cross A cos I—' A G ixx A111 Fas.mrn Ac1022M d-
M