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HomeMy WebLinkAboutTOWER SHOPPES PUD - Filed ED-EASEMENT DEDICATION - 2006-08-16TEMPORARY PARKING EASEMENT THIS TEMPORARY PARKING EASEMENT is made and entered into this 13%J day of May, 2005, by and between G B VENTURES, LLP, a Colorado Limited Liability Partnership, and BGJR LARIMER, LLC, a Colorado Limited Liability Company, the mailing address of which, for purposes of this License Agreement is, 1800 Broadway, Suite 210, Boulder, Colorado 80302 ("Grantors") and WILLIAM DAVID BEARD and SUSAN MAE BEARD, whose address for purposes of this License Agreement is, 35061 Cornerstone Way, Windsor, Colorado 80550 (`Grantees"). WITNESSETH: For and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration paid to Grantors by Grantees, the receipt and adequacy of which are hereby confessed ' and acknowledged, Grantors do hereby grant to Grantees a £dmporary non-exclusive easement for the limited purposes set forth herein, and subject to the terms and conditions hereof, for the installation, use, maintenance, repair, replacement and/or removal of parking improvements ("Parking Improvements"), and ingress and egress to and from same, over and upon that portion of Lot 1, Tower Shoppes P.U.D., Larimer County, Colorado, as more fully depicted on Exhibit "A" attached hereto and incorporated herein by this reference (the "Easement Area") solely for the purpose of parking associated with Grantees' use of Lot 4, Tower Shoppes P.U.D., Larimer County, Colorado ("Lot 4"). It is furthermore hereby mutually covenanted and agrees by and between the- parties hereto that this Temporary Parking Easement is granted subject to the following terms and conditions: 1. This Temporary Parking Easement is created solely for the benefit of Grantees herein and shall not be sold, assigned, transferred or conveyed to any other party, excepting only any successor in interest to Grantees with respect to ownership of Lot 4. GRANTEES ACKNOWLEDGE THAT THEIR RIGHTS AS HEREIN GRANTED ARE NOT ASSIGNABLE TO ANY PARTY OTHER THAN A SUCCESSOR IN INTEREST TO LOT 4, AND ANY ATTEMPT TO ASSIGN SAME SHALL PROPERTY DESCRIPTION Exhibit -A (1 of 2) A parcel of land being part of Lot One (1) and Two (2) of Tower Shoppes P.U.D., as recorded in the records of Larimer County on August 25, 1995, under Reception Number 95052532, located in the Southwest Quarter (SW1/4) of Section Twenty-nine (29), Township Seven North (T.7N.), Range Sixty-eight West (R.68W.) of the Sixth Principal Meridian (6th P.M.), City of Fort Collins, County of Latimer, State of Colorado, and being more particularly described as follows: COMMENCING at the Northeast comer of said Lot 1 and assuming the North line of said Lot 1 as bearing North 89057'34" 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 North 89057' 34" East along said North line a distance of 375.14 feet; THENCE South 00002'26" East a distance of 40.34 feet to the South line of the Easterly extension of a 40.34 foot wide utility and drainage easement as shown in said Tower Shoppes P.U.D. and the POINT OF BEGINNING; THENCE South 15°0o'00" West a distance of 171.14 feet; THENCE South 22000'00" West a distance of 59.44 feet; THENCE South 32000'00" West a distance of 56.56 feet; THENCE North 89059'30" West a distance of 35.37 feet; THENCE North 32000'00" East a distance of 72.68 feet; THENCE North 22°00'00" East a distance of 54.98 feet; THENCE North IY00'00" East a distance of 153.24 feet; THENCE South 64000'00" West a distance of 453.11 feet to the Northeasterly line of a Twenty (20) foot wide utility easement as shown in said Tower Shoppes P.U.D.; THENCE North 44059'58" West along said Northeasterly line a distance of 31.73 feet; THENCE North 64000'00" East a distance of 419.48 feet to the South line of said 40.34 foot wide utility and drainage easement; THENCE North 89°57'34" East along said South line and the extension thereof a distance of 85.80 feet to the POINT OF BEGINNING; Said Parcel contains 21,941 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. I, Lawrence S. Pepek, a Colorado that this Property Description and that it is We and correc - on Land Surveyor 433642 ICING SURVEYORS, INC. 9299 Eastman Park Drive Windsor, Colorado 80550 (970)686-5011 Professional Land Surveyor do hereby state ader my personal supervision and checking, �Smowledge and belief. Inc. N:\2005003\Legal-Closures\Easement-C-LegaI Desc.doc EASEMENT S7g 00,0o W 7a \ rFi j \ \. rn V EXHIBIT (2 OF 2) TOLOT I AND 2 WER SHOPPES P.U.D. NOTE: This exhibit drawing is not intended to be a monumented land survey. It's sole purpose is as graphic representation to old in the visualization of the written property description which It occompani The written property description supersedes the exhibit drawing. KING SURVEYORS INC. PROJECT 5 5003 DATE: 10-4 9299 EASTMAN PARK DRIVE, WINDSOR, CO 80550 CLIENT:DAVID BEARD PHONE: (970) 686-5011 FAX: (970) 686-5821 DWG:2005003—EXH.dwg WWW.KINGSURVEYORS.COM DRAWN: KER CHECKED: LSP PROPERTY DESCRIPTION Exhibit -A (1 of 2) A parcel of land being part of Lot One (1) of Tower Shoppes P.U.D., as recorded in the records of Latimer County on August 25, 1995, under Reception Number 95052532, located in the Southwest Quarter (SW 1/4) of Section Twenty-nine (29), Township Seven North (T.7N.), Range Sixty-eight West (R.68W.) of the Sixth Principal Meridian (6t° P.M.), City of Fort Collins, County of Latimer, State of Colorado, and being more particularly described as follows: COMMENCING at the Northeast comer of said Lot 1 and assuming the North line of said Lot 1 as bearing South 89057'34" West, 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 0002753" West along the East line of said Lot 1 a distance of 20.00 feet to the South line of a Twenty (20) foot utility and drainage easement and the POINT OF BEGINNING; THENCE continuing South 00027'53" West a distance of 20.34 feet to the South line of the Easterly extension of a 40.34 foot utility and drainage easement; THENCE South 8905734" West along said South line a distance of 329.76 feet to the East line of said utility and drainage easement; Thence along the East and South lines of a utility and drainage easement the following Two (2) courses and distances: THENCE North 00002126" West a distance of 20.34 feet; THENCE North 89°57'34" East a distance of 329.94 feet to said East line and to the POINT OF BEGINNING; Said Parcel contains 6,709 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 I, Lawrence S. Pepek, a Colorado Registered Professional Land Surveyor do hereby state that this Property Description wa�� m& my personal supervision and cherk and that it is tmm and correct s� " - . owledge and belief. b -o ce S. Pepek - onA-,,.SKing urve , Inc. orado Registered PaNaL Land Surveyor #33642 ICING SURVEYORS, INC. 9299 Eastman Park Drive Windsor, Colorado 80550 (970)686-5011 N:\2005003\Legal-Closures\Easement-B-Legal Desc.doc LOT 1 EASEMENT EXHIBIT TOWER SHOPPES P.U.D. (2 OF 2) POINT OF BEGINNING POINT NOR�STNCEMENT CORNER LOT 1 0 3 0 O 2 iT m S00'27'53"W II _1-,J------------------ _ 11 I I 1 I rnl 1 I. I� 16 Q N1 I N n 101 I a I I w wl 13 t p MI I ] y I ILO rn I I bt S zI iU LINE TABLE LINE I BEARING LENGTH L6 SO '27' 3'W 0.00 L11 OD 'S3' 20.34• L10 I NOO-02'26"W 20.34' I Imo Lt 01 I I I I I 60 30 0 60 1 "= 60, p"�•3x iv "PF'0�`-"`e0�. NOTE: This exhibit drawing is not intended to be a man imented land survey. It's sole purpose is as a ............ �0 graphic representation to aid in the visualization ofgraphic representation to aid in the visualization of L ce S. PepekL ce S. pepek — on��a King Surv4 Inc. the written property description which it accompanies King Surv4 Inc. the written property description which it accompanies. ado Registered Profess f•. The written property description supersedes the Land Surveyor #33642 Sg� .• 'y exhibit drawing. KING SUR ORS; INC. PROJECT 4-05 5003 DATE:10-4-05 9299 EASTMAN PARK DRIVE, WINDSOR, CO 80550 CLIENT:DAVID BEARD PHONE: (970) 686-5011 FAX: (970) 686-5821 DWG:2005003—EXH.dwg WWW.KINGSURVEYORS.COM DRAWN: KER CHECKED: LSP RESOLUTION NO. PZ06-01 OF THE PLANNING AND ZONING BOARD OF THE CITY OF FORT COLLINS, ACCEPTING THE DEDICATION OF AN EMERGENCY ACCESS EASEMENT LOCATED NORTH OF HORSETOOTH ROAD AND EAST OF TIMBERLINE ROAD WHEREAS, Section 2-353 (4) of the Code of the City of Fort Collins authorizes the Planning and Zoning Board to accept dedication of certain easements and rights -of -way by resolution or by approval of replats containing notation of such dedication; and WHEREAS, the Owners have presented to the City a deed of dedication of an emergency access easement from G B Ventures, LLP, BGJR Larimer, LLC; William David Beard and Susan Mae Beard; and Golden Arch Limited Partnership, which easement is more particularly described below; and WHEREAS, this dedication has been reviewed and approved by the pertinent City Departments, which departments report no objections to said dedication. NOW, THEREFORE, be it resolved by the Planning and Zoning Board of the City of Fort Collins that the "Deed of Dedication for Easement' conveying an emergency access easement, which deed is attached hereto and incorporated herein by this reference, is hereby accepted. Passed and adopted at a regular meeting of the Planning and Zoning Board of the City of Fort Collins held this 19th day of January A.D. 2006. Chairperson ATTEST: Easement Dedication PZ06-01 Emergency Access Easement Vicinity Map DEED OF DEDICATION FOR EASEMENT (Emergency Access) KNOW ALL MEN BY THESE PRESENTS: That the undersigned, G B VENTURES, LLP, a Colorado Limited Liability Partnership, BGJR LARIMER, LLC, a Colorado Limited Liability Company, WILLIAM DAVID BEARD and SUSAN MAE BEARD, and GOLDEN ARCH LIMITED PARTNERSHIP, a Delaware Limicea Partnership, oeing the owners of certain real property in Larimer County, Colorado, legally described at Reception Nos. 2002001235 (GB), 20030117370, 20030117371 ,-4 20030117372 (BGJR), 20050091B32 (Beard) and 95062195 (Golden Arch), respectively, in the Larimer County Records, in consideration of Ten Dollars ($10.00) ir, hand paid, receipt of which is hereby acknowledged, and other good and valuable consideration, do hereby dedicate, transfer and convey to the City of Fort Collins, Colorado, a Municipal Corporation, for public use forever a permanent easement for emergency access purposes in the City of Fort Collins, County of Larimer, State of Colorado, me-: particularly described on Exhibit "A" attached hereto and by this reference made a part hereof. It is understood by the undersigned that, by acceptance of this dedication, the City of Fort Collins will not accept the duty of maintenance of such easement. Witness our hands and seals this all'L day of Novealec , 2005. G B VE RES,ited L LLP a Colora o ability W. ReeV'nold4(, Veneral Partner BGJR LARI R,mited LLC a Colorado L' bility Company By lliam W. 1800 Broadway, STE 200 Boulder, CO 80302 "v, 4L,�l ..- WILLIAM DAVID BEARD SUSA14 MAE BEPpn 35061 Cornerstone Way Windsor, CO 80550 GOLDEN ARCH LIMITED PARTNERSHIP, a Delaware Limited Partnership "ealty LLC, Its:_^ al Partner By: McOonald� Corp S. A e U ,A rn PO Box 66351 AMF O'Hare Airport Chicago, IL 60666 STATE OF COLORADO ) icier ) as. COUNTY OF cu ) The foregoing instrument was acknowledged before me this 2� day of 2005, by William W. Reynolds as General Partner of G B VENTURES, LLP, a Colorado Limited Liability Partnership. WITNESS my hand and official seal. My commission expires: 0C1-c6er 1, a0c I C/ 1� 1 41 -- s �i 4� t (HF&M 11/17/05) STATE OF COLORADO ) ) as. COUNTY OF (tldfr- ) The foregoing instrument was acknowledged before day of [Voern Ue(' _, 2005, by William W. Reynolds as LARIMER, LLC, a Colorado Limited Liability Company. WITNESS my hand and official seal. My commission expires: rcfr&t- I, STATE OF COLORADO me this Manager of BGJR G1 /1 i, i " I 11. & L)" - Notary Public ) ss. COUNTY OF LARIMER The oregoing 'instrument was acknowledged before me this ' day of 2005, by WILLIAM DAVID BEARD and SUSAN MAE BEAR. WITNESS my hand and official seal. My commission expires: Notary Pu is UJOHN Vg Cmmoiasicn expires Nov. T. 20OF (HF&M 11/17/05) 3 STATE OF Y11196IS ) ) ss. COUNTY OF VAJ� ) UL The foregoing instrument was acknowledged before —we this �oC day of qn mbf ly _ 2005, by 0 kk6IJU A GQlfflnl as of GOLDEN ARCH LIMITED PARTNERSHIP, a Delaware Limited Partnership; By: Arch Realty, LLc, Its: General Partner, By: McDonald's Corporation, Its: Member. WITNESS my hand and official seal. My commission expires: Notary Public OFFICIAL SEAL LINDA L HILLS NOTARY PUBLIC - STATE OF ILLINOIS MY COMMISSION EXPIRES:O9i 80 Accepted by the City of Fort Collins on the T— day of 2005. CITY CLERK (HFSM 11/17/05) 4 AUTOMATICALLY RENDER THE TEMPORARY EASEMENT AND ANY OTHER RIGHTS HEREIN GRANTED NULL AND VOID. 2. The temporary easement herein granted is for the sole purpose of allowing Grantees to install, maintain, repair, replace and/or remove the Parking Improvements in connection with Grantees' development and use of Lot 4, which installation shall only be accomplished in accordance with designs, plans and specifications for same which shall have been approved by Grantors, which approval shall not be unreasonably withheld. Before commencing any such construction, installation, maintenance, repairs, replacement or removal, Grantees shall submit to Grantors, for their written approval, plans and specifications for such work in form and detail reasonably satisfactory to Grantors, together with a proposed schedule for completion of such work. Grantors shall review such plans and specifications and schedule and either grant or deny their consent within a reasonable time thereafter. If Grantors grant their consent, Grantors may impose any reasonable conditions. 3. Grantors shall not be responsible for any cost or expense of installing, maintaining, repairing, replacing and/or removing the Parking Improvements, or the preparation or approval of design of same, or any repair of any damage to any property that may occur in connection with the installation or use of the Parking Improvements, all of which costs and expenses shall be borne in their entirety by Grantees. 4. Grantees shall at all times, at their sole cost and expense, properly maintain and repair the Parking Improvements, and shall properly restore and reclaim any property impacted by Grantees' activities pursuant to this Temporary Parking Easement. 5. Grantees shall indemnify, defend and hold Grantors and their respective affiliates, partners, managers, members, employees and agents, and all other persons or entities holding any interest in Lot 1 harmless from and against any claims, demands, suits, actions, losses, damages, settlements, judgments, costs or expenses arising out of or in connection with Grantees' use of the temporary easement or the exercise of Grantees' rights herein granted. Such indemnification shall include, without limitation, all reasonable costs and attorneys' fees incurred by Grantors or any other indemnified party in enforcing this indemnity. (HF&M 05/17/05) 2 ATTORNEY'S CERTIFICATION I hereby certify that the foregoing Deed has been duly executed as required pursuant to Section 2.2.30(3)(a) 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 an examination of the records of the Clerk and Recorder of Larimer County, Colorado, as of the date of execution of the deed and other �.nzormation 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 - MICK HAEL A. MAXWELL Address: 125 South Howes Street Sixth Floor Fort Collins, CO 80521 Registration No.: 8755 Date: // - ?d'y Sr (HF&M 11/17/05) 5 EXHIBIT "A" ATTACHED TO AND MADE A PART OF THE DEED OF DEDICATION FOR EASEMENT (EMERGENCY ACCESS). [SEE ATTACHED] t._ A parent of land being part of Lam One (1) tbmugh Four (4) inclusive of Tower Sboppes P.UD., as recorded in the records of Lx mx County on August 25, 1995. ender Reoeptlon Number 95052532, located in the Southwest Quarter (SWIA) of Section Twenty- mime (29), Tuaraft Saver North (T.7N.), Range S1sty-sight West(R6SW.) ofibe Shah Principal Meridian (6a P.M.), City of Fort Collins, County of Lanmer, State of Colorado, and being more particularly described a follows: BB;GINNRVG u tbt Sautltasst coma of said Lot 4 and aeaanhng the Soth line of said Lot4 as burring North 89032'07" West, being a geld hearing of the Colorado State Plane Coordimse Systea; North Zoe, North American Datom 1983192, with all other bearings contained herein being relativedmete; THENCE North BMW" West along said South Hue adistutcaof13Mfeel tothe Waft RaeofaTwmty (20) foot utility easement as shown in said Tower ShMM P.U.D.; THENCE North 00°00'OY East along sold Wen It and the ertwicn thereof a distance of 191.72 feet; THENCE North OV591V Wen a distance of401.91 feet; THENCE North 000001V East a distance of 89.27 feet to a Peet nf r ur "- (PM; THENCE along the arc of a curve, concave to the Enna distance of 16.62 fat, whose Radius is 34.00 Sect, whose Dena is 28"OPSS" and whose Long Chord beers North 140W58" Eau a distance, of 16.46 fear to a Poi:,: of Tangency (PT); THENCE North 2800125' Fiat a distance of 14.10 feet to a PC; THENCE along the arc of a carve concave to the West a distance of 1730 feet, whose Radius is 10.00 feet, whose Delta is 99°o7'21" and whom Long Chord beers North 21032'l5" Weft a disteoce of 15.22 feet to a Point of Compound Cmvanre (PCC); THENCE along the son of a carve concave to the South a distance of 42A fret, whose Radius is 130.00 fee; whom Delta is 18"5402" and whoa Long Chord bases North 80"32'S7" West a distmoe of 42.69 feet to o PT; THENCE North 89.5958" Wan a distance of 19.40 feet to the Wen line of said Lot 1; THENCE North 00"02'42" Wert along said West line a distance of 40.00 feet; THENCE South 8905919" Feu a distmm of19,43 feetto a PC; THENCE along the are of a curve concave to the South adiftance of 6620 fees, whose Radio is 17D.D0 feet' whose Delta is 2S"18'43" and whose Long Cbod bases South 78950'36" But a distance of 65.78 feet to a Point ofRaver m Camanue (?RC); THENCE along the are of save concave to the North a diateace of 5.02 tee; whoa Radius is 10.00 feet, whose Delta L 2864653" and whoa Long Chord beset South 82ON41"Had a distance of497 faun a THENCE along the arc of a curve concave to the Wag a distance of 79.78 &a, whoa Radius is 26.00 Eea; whoa Delta is 1754837" and whose Long Chord leans South 0803349" But a dismoee of 51.97 fat to a PRC; THENCE along the arc of a caves conom to the Sonmenet a distance of L96 feet, whose Radios is 10.00 fat, whoa Detm if 51019'04" and whoa La* Chord beets South 530407" Wed a distance of 8.66 fed to a Pi; THENCE South 28W175" West a disteow of 16.96 feat to a PC; THENCE along the set of save comrava to the East e. distance of4.89 fee; whose Radius is 10.00 fee; whose Delta is 28'00'55" and whoa Long Chad been; South 1400058" Want a distance of4.84 fed to a PT; THENCE South 00°0030" Warta distance of 6527 Led to theNarth line oflha Westerly exfmsion of a _ portion of a 20foot utility mmerent as shown in said Tower Shopper P.UD.; THENCE South BV59130" Ent along said North line a distance of407.90 feet; 171ENCE South OD"00'02" Wad a distance of 215.96 feet m the South line of said Lai l; THENCE North 89"32'D7" West along aid South line a distance of 16.80 fea to the POW OF SEGSNNMG; Said Pateel contains 23,457 sq. I mote or less (+/ ), and is subject to any righbof-way or other essemaats of record as now existing no and described parcel of Lod Pepsis, a Colorado onal �> Lend Surveyor do hereby win that this Property a ureasred under my _ and checking, and thse it is true and cannot 10 the 00 Surveyor #33642 RING SURVEYORS, INC. 9299 Eastman Pak Drive Windsor, Colorado 80550 (970) 6M-5011 N;12005003�Legal-G7osules\Baseme=-A-Lega1 Dese doc EASEMENT z• m �i�nh m a a, m .. .. r QIN Q f— -j G NE N^Y7N 08$ �v)000$ O n C N G O a �i grip g'di UUUIJ�U I.J EXHIBIT CZ OF 2) S00'00'02"W -------- — / , 0'02"E / rf Q tV ijz tp I 1 0 c"3 I /9 1500'00'30"W, .N00'00'30"E I g $ 89.27' LOTS 1-4 SHOPPES P.U.D. � M • a u; IyJ m Z ON LVO � W m m � •o � ,"Ni W m {ppQ1 z � nn NOTE: This exhibit drawing is not Intended to be o monumented land survey, It's sole purpose to 03 o graphic representation to old In the Vsuadzotlon of Lo a S. Pepek — on behalf Gng Sumgor5 the written property description which It accanpanles. ado Reglstdred Professional The written property description superseded the Land Surveyor #33642 'O�✓.4LtAN0 exhibit drawing. 1YING SURVEYORS; INC. PROJECT NO:2005003 DATE:10-4-05 9299 EASTMAN PARK DRIVE, WINDSOR, CO 80550 CUENT:DAVID BEARD PHONE: (970) 686-5011 FAX: (970) 686-5821 DWG:2005003—EXH.dwg WWW.KINGSURVEYORS.COM DRAWN: KER CHECKED: LSP 1 Without limiting the foregoing, Grantees shall promptly pay and discharge any and all claims for materials provided or services rendered by any party in connection with the installation of improvements on, or use of, the temporary easement, and shall promptly cause the removal of any mechanic's lien claims asserted against all or any portion of Lot 1 on account of any such claims. 6. Grantees shall at all times comply with all applicable laws, statutes, rules and regulations regarding the use of the temporary easement, including, without limitation, all requirements and conditions of the recorded Declaration of Covenants, Conditions, Easements and Restrictions for Tower Shoppes P.U.D. 7. The temporary easement and rights herein granted shall terminate if at any time Grantees are in default under the terms of this Temporary Parking Easement. The right and remedies of Grantors under this Temporary Parking Easement shall be in addition to, not in lieu of, any other rights or remedies otherwise available to Grantors under any other agreement or by operation of law or in equity. Without limiting the foregoing, by execution hereof, Grantors do not waive, and expressly hereby reserve and retain, any and all rights they may have to assert other claims against Grantees or any other party. B. Notwithstanding any of the terms or conditions herein to the contrary, this Temporary Parking Easement shall automatically terminate and thereafter be null and void upon construction of parking on common area upon Lot 1, as contemplated by the recorded Declaration of Covenants, Conditions, Easements and Restrictions for Tower Shoppes P.U.D. At that time, Grantees' easements and rights for parking upon such common area ( including, without limitation, the Easement Area) will be determined in accordance with the terms of said Declaration. 9. This Temporary Parking Easement may be amended by written document recorded in the real property records of Larimer County, Colorado, executed by all persons who are at the time of recording such documents record owners of the easement and of the real property burdened by the easement. This Temporary Parking Easement may be vacated, released or terminated by written document recorded in the real property records of Larimer County, Colorado, executed by all persons who are a the time of recording such documents record owners of the temporary easement. )HF&M 05/17/05) 3 10. This Temporary Parking Easement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns. IN WITNESS WHEREOF, the parties hereto have executed this Temporary Parking Easement as of the day and year first above written. G B VENTURES, LLP, a ColorAdp Lim Liability Partnership zz , General Partner BGJR�IARIMER, LLC, a Color doted Liability Company W. Reyndl .4, Manager ors" WILLIAM DAVID BEARD �•- �,(,a cam-._. IG-���Ca-�c� SUSAN MAE BEARD "Grantees" (HFSM 05/17/05) 4 STATE OF COLORADO ) ) ss. COUNTY OF BOULDER ) The foregoing instrument was acknowledged before me this day of May, 2005, by William W. Reynolds as General Partner of G B VENTURES, LLP, a Colorado Limited Liability Partnership. WITNESS my hand and official seal. My commission expires: 14o 01") b e d6 a� Notary STATE OF COLORADO ) ) ss. COUNTY OF BOULDER ) & The foregoing instrument was acknowledged before me this Z day of May, 2005, by William W. Reynolds as Manager of BGJR LARIMER, LLC, a Colorado Limited Liability Company. WITNESS my hand and official seal. My commission expires: i r Notary (HF&M 05/17/05) 5 STATE OF COLORADO ) ) ss. COUNTY OF LARIMER ) The foregoing instrument was acknowledged before me this 05D'd day of May, 2005, by WILLIAM DAVID BEARD and SUSAN MAE BEARD. WITNESS my hand and official seal. My M' (HFEM 05/17/05) 6 EXHIBIT "A" ATTACHED TO AND MADE A PART OF THE TEMPORARY PARKING EASEMENT BY AND BETWEEN G B VENTURES, LLP, A COLORADO LIMITED LIABILITY PARTNERSHIP, AND BGJR LARIMER, LLC, A COLORADO LIMITED LIABILITY COMPANY ("GRANTORS") AND WILLIAM DAVID BEARD AND SUSAN MAE BEARD ("GRANTEES"). The Easement Area 8 E.IiOft5ET00'RfROr10 SITE PLAN _ r+ BPI I 11 IL H .j I j.; 1 Fi PROPERTY DESCRIPTION Exhibit -A (1 of 2) A parcel of land being part of Lot One (1) and Four (4) of Tower Shoppes P.U.D., as recorded in the records of Latimer County on August 25, 1995, under Reception Number 95052532, located in the Southwest Quarter (S W IA) of Section Twenty-nine (29), Township Seven North (T.7N.), Range Sixty-eight West (R.68 W.) of the Sixth Principal Meridian (6" P.M.), City of Fort Collins, County of Latimer, State of Colorado, and being more particularly described as follows: COWNIENCING at the Northeast comer of said Lot 4 and assuming the North line of said Lot 4 as bearing South 89°26'21" West, 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 89026'21" West along said North line a distance of 87.17 feet to the East line of a Ten (10) foot utility easement as shown in said Tower Shoppes P.U.D. and the POINT OF BEGINNING; Thence along the East, South and West lines of said utility easement the following Three (3) courses and distances: THENCE South 00°00'30" West a distance of 75.36 feet; THENCE North 89059'30" West a distance of 10.00 feet; THENCE North 00000'30" East a distance of 95.31 feet to the South line of a Twenty (20) foot utility easement as shown in said Tower Shoppes P.U.D.; THENCE South 89°59'30" East along said South line a distance of 10.00 feet to the East line of said 10 foot utility easement; THENCE South 00000'30" West along said West line a distance of 19.95 feet to the POINT OF BEGINNING; Said Parcel contains 953 sq. fL 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 der my personal supervision and checking, and that it is try6�ttd correct to _;Q.$� „ owledge and belief. Lpff 'pOce S. Pepek - on CkTrado Registered Pn Land Surveyor 933642 ICING SURVEYORS, INC. 9299 Eastman Park Drive Windsor, Colorado 80550 (970) 686-5011 N:\2005003\Legal-Closures\Vacation-D-Legal Dese.doc EASEMENT VACATION EXHIBIT TOWER SHOPPERS P.U.D. (2 OF 2) LOT 1 TOWER SHOPPES P.U.D. ------------------------\ \ PdNT OF COMMENCEMENT --------- \ \ NORTHEAST CORNER \ LOT 4 I POINT OF\\ \\ M I I M BEGINNING \ \ � I I Ui \ \ of 13 \\ MI to \ of l0 1 of Ip Ohio )l I lu) VACATION- I 1 I 953 sq. ff. LJ I 9 I LOT 4 I I TOWER SHOPPES P.U.D. I i I I 30 15 0 30 1 "= 30, LINE TABLE LINE j BEARING LENGTH L19 IN 9'S9' 0'W 10. ' L20 589'S9'F 10.00' L21 I S00'OD'30'W 19. 15 I ----------------------------- ---- iI I HORSETOOTH ROAD I I I I I I I I I I I I I I I I I I L_ 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 accompanie The written property description supersedes the exhibit drawing. KING MRWYORS, INC. PROJECT 5 5003 DATE:10-4 9299 EASTMAN PARK DRIVE, WINDSOR, CO 80550 CLIENT:DAVID BEARD PHONE: (970) 686-5011 FAX: (970) 686-5821 DWG:2005003—EXH.dwg WWW.KINGSURVEYORS.COM DRAWN: KER CHECKED: LSP