HomeMy WebLinkAboutBELLA VIRA - Filed ED-EASEMENT DEDICATION - 2008-06-05RECEPTION#: 20080010233, 0211912008 at
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Scott Doyle, Larimer County, CO
Non -Exclusive Easement Agreement
This Non -Exclusive Easement Agreement (Agreement) is entered into this Sr", day
0"kU&2008by and between the Board of Governors of the Colorado State University
in b System acty and through Colorado State University, whose address is 309 Administration,
Fort Collins, CO 80523 ("Board"), Grantor; and The City of Fort Collins, a Colorado Municipal
Corporation whose address is 300 Laporte Avenue, Fort Collins, CO 80522 ("City"), Grantee.
Grant of Non -Exclusive Easement by the Board: Consideration Description and Purpose.
In exchange for the promises of the Board and the Grantee as set forth in this Agreement, and
other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the patties agree to the terms herein. The Board grants and conveys to the
Grantee a permanent non-exclusive easement in gross ("Permanent Easement") over the land of
the Board more particularly described and shown in Exhibit A ("Easement Area"). Exhibit A is
attached hereto and incorporated herein by this reference. The Permanent Easement described
on Exhibit A is granted for the purposes of installing and maintaining a waterline.
l .l . Access. During the tern of this Agreement and subject to all provisions in
paragraph 2 herein, Grantee shall have access at all times to the Permanent Easement for
construction, repair, and maintenance of the waterline improvements ("Improvements")
constructed under the City approved Bella Vira Development Plan.
1.2. Construction Easement. Not Applicable
1.3. Other Uses. Grantee acknowledges that the Permanent Easement
described in Exhibit A. is intended to accommodate and will.be subject to other specific
easements in gross to other utility providers. Grantee agrees to cooperate with the Board and the
recipients of other easements in the construction, installation, and maintenance of the
Improvements.
2. Agreement of Grantee. In exchange for the Board's grant of the
Permanent Easement, Grantee agrees to the following terms:
2.1. Survey. The Grantee agrees that all documents, plats and descriptions
attached hereto as exhibits are the result of surveys not engaged by the Board and the Board
assumes no responsibility for the accuracy of such surveys nor for damages resulting from
inaccuracies.
2.2. Environment and Character of Land. Any work or activity undertaken by
Grantee in connection with this Agreement shall be so planned, designed and carried out as to
ADU S _C1 3
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Upon Recordation Return To:
CITY CLERK
Cl'TY OF FORT COLLWS
interfere as little as reasonably possible with the character and appearance of the nearby land and
the surrounding environment, including its aesthetic character.
2.3 Notice of Work. Except in cases of emergency and routine maintenance,
Grantee shall use its best efforts to notify the Board or its representative before undertaking any
work or activity within the Easement Area. All access routes to the Easement Area for Grantee's
repair, operation, or maintenance of easement area shall be by route or routes reasonably
designated by the Board.
2.5. Costs. The Board will not be responsible for any costs incurred in
connection with installation, construction, operation, restoration or maintenance of the
Improvements contemplated in this Agreement.
2.6. Restoration. After completion of any installation, repair, operation,
maintenance. or replacement work undertaken in connection with this Agreement, the Grantee
shall restore the Easement Area and any improvements thereon to the condition immediately
prior to such work, except that the Board shall be responsible for repair or restoration of any
structures installed or permitted by the Board that are damaged or impaired by Grantee's
reasonable exercise of its rights hereunder. Subsequent to re -contouring and re -vegetating, the
Grantor shall have full possession and use of the easement premises.
2.7. Surface Structures. All surface structures or devices, if any, must be
approved by the Board, as per section 2.3 above, and shall be so located as to present the least
possible interference to the Board's use and preservation of the value of the surface of the land.
2.8. Maintenance. Grantee shall properly maintain the Improvements in
connection with this Agreement. The Board may, after written notice to Grantee, so maintain
such Improvements at Grantee's cost upon any failure by Grantee to properly maintain as
required hereunder.
2.9. Indemnification. Not Applicable.
2.10. Compliance with Rules and Re ulations. Grantee will comply with'all
reasonable rules and regulations regarding the use of the Easement Area which have been or may
be adopted by the Board, and published and announced to the general public in the Fort Collins
area or to the Grantee in particular, but only to the extent such compliance does not unreasonably
interfere with Grantee's use of the land as contemplated in this Agreement.
2.11. Removal of Access Routes and Work Areas. Routes of access to the
Easement Area and work areas used for construction, repair, maintenance or removal shall be as
few as necessary, and, after completion of any work. Grantee shall destroy and remove them,
restoring the land in the manner provided in paragraph 2.6. herein. Should Grantee fail to restore
the Easement Area as required herein, the Board may, after written notice to Grantee, take such
action necessary to restore the land, at Grantee's cost.
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3. Rights Reserved by the Board. The Board reserves all rights (including mineral
rights) in the Easement Area, other than those expressly granted in this Agreement, and the right
to occupy and use it for all purposes that do not unreasonably interfere with the Grantee's rights
granted herein.
3.1. Continuous Use. Right of Entry for Condition Broken. This Agreement is
conditional on Grantee's continuous use of the Permanent Easement for the purposes described
herein, and if the Grantee shall cease to use the Permanent Easement for the described purposes,
the Board shall have the right to re-enter the said unused premises and terminate this Agreement
after having given notice of the Board's election to so terminate in the manner specified in this
Agreement. To enforce this provision, the Board may, but is not required to bring an action for
ejectment or an equivalent action.
3.2. Sale, Lease or Other Easement. The Board may grant other easements
within the Easement Area. so long as Grantee's use of the Easement Area is not unreasonably
impaired. The Grantee shall not grant any easements within or other rights to use the Permanent
Easement.
3.3. Right to Relocate. The Board reserves the right, at the Board's cost, to
relocate this Permanent Easement and the Improvements so long as such relocation does not
adversely impact the purpose of the Permanent Easement and the performance of said
improvements. The Board shall consult with the Grantee prior to any such relocation to
minimize interference with the operation of the Grantee's Improvements, and to ensure the
purpose of the Permanent Easement and improvements is not adversely impacted. The Grantee
has the right to inspect and supervise all relocation work.
4. Other Terms and Conditions. The parties agree to the following additional terms
and conditions:
4.1. Prior Easements. This Permanent Easement is granted subject to all
easements, rights -of -way, and other matters of record, and those previously granted and now in
force and effect. The Board makes no warranties or representations as to matters of title.
4.2. Additional Use or E ui invent. Use of the Permanent Easement for any
purpose, equipment or facilities not specified herein shall require written consent of the Board, or
its designee, and prior amendment of this Agreement, executed in the same manner as this
Agreement.
4.3. Non -Assignability, This Agreement is not assignable by the Grantee.
4.4. Successors. Subject to the limitations on assignment set forth in paragraph
4.3 herein, this Agreement shall be binding on the parties' legal successors.
4.5 Third Party Beneficiary: It is expressly understood and agreed that the
enforcement and conditions of this Agreement and all rights contained herein relating to
7APOC -C 3 Page 3 of 7
enforcement, shall be strictly reserved to the Board and the Grantee. Nothing contained in this
Agreement shall give or allow any claim or right of action whatsoever by any third person or
entity. It is the express intention of the Board and the Grantee that any such person or entity,
other than the Board or the Grantee, receiving services or benefits under this Agreement shall be
deemed an incidental beneficiary only.
4.6 Sovereign Immunity: Notwithstanding any other provision of this
Agreement, no term or condition of this Agreement shall be construed or interpreted as a waiver,
express or implied, of any of the immunities, rights, benefits, protection, or other provisions of
the Colorado Governmental Immunity Act, Section 24-10-101, et sea., C.R.S., as now or
hereafter amended. The patties understand and agree that liability for claims for injuries to
persons or property arising out of negligence of a party, its departments, agents, officials and
employees is controlled and limited by the provisions of Section 24-10-101, et sea., C.R.S. as
now or hereafter amended and the risk management statutes, Section 24-30-1501, e[ sea., C.R.S.
as now or here after amended. t
4.7. Representatives and Notice.
For the purposes of this Agreement, the
parties designate the following persons as their representatives
and list the following addresses
for the delivery or mailing of notices and other communications:
Representative for the Grantee:
with copy to:
City Manager
Real Estate Services Manager
City of Fort Collins
City of Fort Collins
P.O. Box 580
P.O: Box 580
Fort Collins, CO 80522
Fort Collins, CO 80522
Representative for the Board:
with copy to:
CSU Real Estate Office
CSU General Counsel
1415 S. College Avenue
01 Administration Building
Fort Collins, CO 80524
Colorado State University
Fort Collins, CO 80523-6030
Any notice required or desired to be given under this
Agreement shall be delivered or mailed by
certified mail to the addresses listed above.
5. Jurisdiction. The laws of the State of Colorado and the rules and regulations
issued pursuant thereto shall be applied in the interpretation, execution, and enforcement of this
Agreement. Any provision of this Agreement, whether or not incorporated herein by reference,
that provides for arbitration by any extra -judicial body or person or which is otherwise in conflict
with said laws. rules and regulations shall be considered null and void. Nothing contained in any
provision incorporated herein by reference which purports to negate this or any other special
provision in whole or in part shall be valid or enforceable or available in any action at law
whether by way of complaint, defense, or otherwise. Any provision rendered null and void by
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the operation of this provision wi II not invalidate the remainder of this Agreement to the extent
that the agreement of the parties is capable of execution.
6. No Corrupt Influences. The signatories hereto aver that they are familiar with
C.R.S. 18-8-301 et sea. (Bribery and Corrupt Influences) and C.R.S. 18-8-401 et seg. (Abuse of
Public Office), as may be amended from time to time, and that no violation of such provisions is
present.
7. No Beneficial Interest. The signatories hereto aver that to their knowledge, no
State employee has any personal or beneficial interest in the property described herein.
8. Non -Appropriation. The parties' obligations hereunder are subject to the annual
appropriation of funds sufficient therefore by the parties respective governing bodies.
REMAINDER OF PACE LEFT BLANK INTENTIONALLY
ArxX g- -c3 Page 5 of
IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year
written above.
City of Fort Collins, Colorado.
A Municipal Corporation
By: Director o ,ommunity Planning
and Environmen' 1 Services
APPROVE
By:
DG
eputy City Attorney
STATE. OF COLORADO I
)ss
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me this — ....� ... ,.� .-
�yYk'Y�1C] and as Director of Community Planning and
Environmental Services as a mof the City of Fort Collins, Colorado.
M,v conrnission expires
Witness my hand and official seal.
The Board of Governors of the CSU System
for the use and benefit of Colorado State
University
By:
Thomas A. Got -ell
Interim Vice President for
Administrative Services
STATE OF COLORADO )
1 ss
COUNTY OF LARIMER )
!�omXy Pub
APPROVED:
Donna Aurand
Deputy General Counsel
SOTAR )
PUBLIC
The foregoing instrument was acknowledged before me this .1 "" day of , 20rl�bCAllsl6!l971�' 19• 2009
Gorell. Interim Vice President I'm Administrative Services for the Board of Governors ot'the Culorad State University System.
My commission expires.._ Ll _C ``i _ Witness my, hand and official seal.
�Jaou r,J C6 r&nC,
Notary Public
/HOC$ -C3 Page 6 of 7
ATTORNEY'S CERTIFICATION
I hereby certify that the forgoing Deed has been duly executed as required pursuant to Section
2.23 (Cx3xa) through (e) inclusive of the Land Use Code of the City of Fort Collins and that all persons
signing this Deed 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 the records of the Clerk and Recorder of
Larimer County, Colorado as of the date of execution of the deed and other information discovered by me
through reasonable inquiry and is limited as authorized by Section 2.2.3(C)(3)(f) of the Land Use Code.
Attorney
Address
Go ^f ZG
PROPERTY DESCRIPTION
EXHIBIT -A-
Utility Easement
A parcel of land being part of the Northeast Quarter CNE1/4) of Section Seventeen (17),
Township Seven North (T.7N.), Range Sixty-nine West W,69W.) of the Sixth Principal
Meridian (6t6 P.M.), City of Fort Collins, County of Larimer, State of Colorado, and
being more particularly described as follows:
COMMENCING at the East Quarter Comer of said Section 17 and assuming the East
line of said NE1/4 Quarter as bearing North 00010' 18" East, being a grid bearing of the
Colorado State Plane Coordinate System, North Zone, North American Datum 1983/92,
with all other bearings contained herein being relative thereto;
THENCE South 85°10'34" West along the South line of said NEI/4, a distance of
218.60;
THENCE North 04049'26" West perpendicular from said South line, a distance of 12.68
feet to the POINT OF BEGINNING: -
THENCE North 14021"45' West, a distance of 10.00 feet,
THENCE North 75038"15' East, a distance of 20.00 feet;
THENCE South 14°21"45' East, a distance of 10.00 feet;
THENCE South 75038" 15' West, a distance of 20.00 feet to the POINT OF
BEGINNING.
Said Parcel contains 200 sq. ft. more or less (+/-), and is subject to any rights -of -way or
other easements of record as now existing on said described parcel of land.
SURVEYORS CERTIFICATE
1, Lawrence S. Pepek, a Colorado Registered Professional Land Surveyor do hereby state
that this Property Description was under my personal supervision and checking,
ar and that it is true and rect t _ knowledge and belief.
rence S. Pepek - on of King Surve , Inc
Colorado Registered Profes 1-.
Land Surveyor *33642 gc ipiiD .
KING SURVEYORS, INC.
630 Garden Drive
Windsor, Colorado 90550
(970) 686-5011
Sheet 1 of 2
M:\2004506\Legal and Closure12004506EXH_12.doc
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UTILITY EASEMENI
NORTHEAST CORNER
SECTION 17, T.71,11., R.M.
Land Surveyor
EXHIBIT NA"
SIDDlERX0,T TWDOMWt1MS
SLPPLEMPXT/2 MASE /S
(BASS OF BEARING)
NOOIO'18'E — 2639.75'
OVERLAND TRAIL
LINE TABLE
LINE
BEARING
LENGTH
Lt
N04'49' 6'W
72.68'
L2
N14'21'45'W
10.00'
L3
N75'38'15"E
0 '
L4
4 S
1''t5'W
L5
0.00'
50
25
0
50
1 '=
50'
an he
_p
NOTE: This exhibit drawing is not intended to he o
monumented land survey. It's sole purpose is as a
graphic representation to aid in the vleuall,,tion of
the written property description which it accompanies.
The written property description supersedes the
exhibit drawing.
Sheet 2 of 2
NE1, ., SEC. 17, 7.7N., R.69W.
EAST QUARTER CORNER
SECTION 17, T.714 R89W.
POINT OF CONMEN iiiENT�
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CENTER O, T.7N CORNER
SECTION 17, T.7N., ORNEI1
jjqCh KING SURVEYORS, INC. PROJECT NO:2004506
650 Garden Drive DATE:11-16-06 Windsor, Colorado 8055U CLIENT:JIM SELL DESIGN
phone: (970) 696-5011 1 fax: (970)686-5821 DWG:2004506EXH_1 2
www.kingsurvcyors.com DRAWN: BTB CHECKED: LSP