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HomeMy WebLinkAboutREDTAIL - Filed ED-EASEMENT DEDICATION - 2008-03-19SCOTT DOYLE, CLERK 111111111111111111111111111111111111111111111 LARIMER COUNTY CO RCPTNit 2005-0000933 00 41:0006 PAGES - 3 FEE $16.00 DOC $0.00 #422213 GRANT OF EASEMENT AND AGREEMENT THIS GRANT OF EASEMENT AND AGREEMENT is made and entered into this 1 :54�- day of > 2004, by and between WOODLEY BROTHERS, L.L.P., a Colorado Limited Liability artnership ("the Grantor"); and LAGUNITAS REDTAIL INC., a Colorado Corporation, the address of which is 3944 JFK Parkway, Fort Collins, Colorado 80525 ("the Grantee"). WITNESSETH: WHEREAS, the Grantor is the owner of the real property situated in the County of Latimer, State of Colorado, legally described as Lot 1, Weberg P.U.D., being a portion of the Northeast Quarter Section 2, Township 6 North, Range 69 West of the Sixth P.M., City of Fort Collins, County of Larimer, State of Colorado, according to the recorded plat thereof ("Lot 1"). WHEREAS, the Grantee is the owner of the real property lying immediately adjacent to and to the south of Lot 1 ("the Grantee's Property"). WHEREAS, the Grantor is willing to grant to the Grantee a nonexclusive temporary construction easement over, across, and upon the southerly most five (5) feet of Lot 1 as reasonably necessary for the purpose of grading the Grantee's Property to match the grade of Lot 1, constructing a retaining wall along the boundary between Lot 1 and the Grantee's Property, and installing landscaping on the Grantee's Property ("the Temporary Construction Easement"). NOW, THEREFORE, for and in consideration of the mutual promises and covenants herein contained and other good and valuable consideration, the receipt and adequacy of which are hereby confessed and acknowledged, the parties hereto agree as follows: 1. The Grantor hereby grants, bargains, sells, and conveys to the Grantee, its successors and assigns, the Temporary Construction Easement. 2. The Grantee shall indemnify and hold harmless the Grantor and the Property from and against any and all claims, demands, actions, suits, and proceedings of whatever kind or nature for personal injury, including death, or property damage arising out of, as a result of, or in connection with any work performed by or at the request of the Grantee on Lot 1. 3. Upon completion of any work within the Temporary Construction Easement, the Grantee shall restore the surface of the land to substantially the same condition as existed prior to the commencement of such work. The Grantee shall also landscape the Temporary Construction Easements by planting grass or other groundcover reasonably acceptable to the Grantor. 4. The Temporary Construction Easement shall terminate one (1) year after commencement of any work on Lot 1 by or at the request of the Grantee, or on April 1, 2008, whichever date first occurs. 5. The parties shall execute such additional documents and instruments as may be reasonably necessary to fully effectuate the terms of this Agreement. 6. This Agreement and all other documents and instruments executed to effectuate this Agreement shall run with the land and shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, personal representatives, successors and assigns. �PttnAiL R rv\ rtcordoci fa 301 4 `4P Ford -Co (,�`t6 �set� i IIiIIIIIIIIIIIIIIIIIIIIIIIiIIIIIIIIIIIII SCOTT DDYLE, CLERK LRRIMER COUNTY CO. RCPTN# 2005-0000935 01/05/20 10:41:0a0S PAGES - 2 FEE $11.00 DOC $0.00 #422215 GRANT OF EASEMENT AND AGREEMENT .ZC,,}�THIS GRANT OF EASEMENT AND AGREEMENT is made and entered into this `t� day of �K 2004, by and between LAGUNITAS FOSSIL CREEK INC., a Colorado corporation ("the Grantor"); and LAGUNITAS REDTAIL, INC., a Colorado corporation, the address of which is 3944 JFK Parkway, Fort Collins, Colorado 80525 ("the Grantee"). WITNESSETH: WHEREAS, the Grantor is the owner of the real property situated in the County of Larimer, State of Colorado, legally described as Lot 5, Cameron Park, Second Filing, according to the recorded plat thereof ("Lot 5"). WHEREAS, the Grantee is the owner of the real property lying immediately adjacent to and to the west of Lot 5 ("the Grantee's Property"). WHEREAS, the Grantor is willing to grant to the Grantee a nonexclusive temporary construction easement over, across, and upon Lot 5 as reasonably necessary for the purpose of matching the grade along the boundaries between Lot 5 and the Grantee's Property ("the Temporary Construction Easement"). NOW, THEREFORE, for and in consideration of the mutual promises and covenants herein contained and other good and valuable consideration, the receipt and adequacy of which are hereby confessed and acknowledged, the parties hereto agree as follows: 1. The Grantor hereby grants, bargains, sells, and conveys to the Grantee, its successors and assigns, a Temporary Construction Easement over, across, and upon the west five (5) feet of Lot 5. 2. The Grantee shall indemnify and hold harmless the Grantor and Lot 5 from and against any and all claims, demands, actions, suits, and proceedings of whatever kind or nature for personal injury, including death, or property damage arising out of, as a result of, or in connection with any work performed by or at the request of the Grantee on Lot 5. 3. Upon completion of any work on Lot 5, the Grantee shall restore the surface of the land to substantially the same condition as existed prior to the commencement of such work. The Grantee shall also landscape the Temporary Construction Easement by planting grass or other groundcover reasonably acceptable to the Grantor. 4. The Temporary Construction Easement shall terminate one (1) year after commencement of any work on Lot 5 by or at the request of the Grantee, or on April 1, 2010, whichever date first occurs. rC � , � �1.0 j Ft1 E rol'ti°ou2tisI & 5. The parties shall execute such additional documents and instruments as may be reasonably necessary to fully effectuate the terms of this Agreement. 6. This Agreement and all other documents and instruments executed to effectuate this Agreement shall run with the land and shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. 7. In the event the Grantee defaults in the performance of its obligations under this Agreement, the Grantor shall be entitled to recover all costs and reasonable attorney's fees incurred in enforcing this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Grant of Easement and Agreement as of the day and year first above written. LAGUNITAS FOSSIL CREEK INC., a Colorado comoration BY: AJVJMl J. Prouty, President LAGUNITAS REDTAIL, INC., a Colorado corporation B *J. Prouty, President STATE OF COLORADO ) COUNTY OF LARIMER ss. The foregoing instrument was acknowledged before me this AA day of Ay,-e. 2004, by Jonathan J. Prouty, President of LAGUNITAS FOSSIL CREEK INC., a Colorado corporation; and LAGUNITAS REDTAIL, INC., a Colorado corporation. Witness my hand and official seal. ���nurrrrr My commission expires: Cq- 19- O1 PVE VINC��., Notary 2 OF IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII LARIMERDOYLE RCPTN# 2005-0000936 0a:41:00 s PAGES - 3 FEE $16.00 DOC $0.00 #422216 GRANT OF EASEMENT AND AGREEMENT 3129/0; 2� THIS GRANT OF EASEMENT AND AGREEMENT is made and entered into this day of Tit/ E 12004 by and between LAGUNITAS FOSSIL CREEK INC., a Colorado corporation ("the Grantor"); and LAGUNTTAS REDTAIL, INC., a Colorado corporation, the address of which is 3944 JFK Parkway, Fort Collins, Colorado 80525 ("the Grantee"). WITNESSETH: WHEREAS, the Grantor is the owner of the real property situated in the County of Larimer, State of Colorado, legally described as Lot 10, Cameron Park, Second Filing, according to the recorded plat thereof ("Lot 10"). WHEREAS, the Grantee is the owner of the real property lying immediately adjacent to and to the north of Lot 10 ("the Grantee's Property"). WHEREAS, the Grantor is willing to grant to the Grantee a nonexclusive drainage easement over, across, and upon the southeasterlymost part of Lot 10 located immediately adjacent and to the south of Grantee's water quality pond ("the Drainage Area") for the purpose of storm drainage ("the Storm Drainage Easement"). WHEREAS, the Grantor is willing to grant to the Grantee a nonexclusive temporary construction easement over, across, and upon Lot 10 as reasonably necessary for the purposes of matching the grade of Lot 10 and Grantee's property, grass sod installation, modification of and extension of Grantor's irrigation system as necessary to irrigate said Lot ("Lot Improvements"), and constructing appropriate stormwater drainage systems and facilities within the Drainage Area ("the Temporary Construction Easement"). WHEREAS, in consideration for the Storm Drainage Easement and Temporary Construction Easement, the Grantee is willing to construct and install Lot Improvements along the north and east sides of Lot 10 approximately as shown on Exhibit A; and along the northerlymost ten (10) feet of Lot 10 which once installed, the Irrigation System shall be owned, operated, maintained, repaired, replaced, and improved by the Grantor or the Fossil Creek Office Park East P.U.D. Owners Association. NOW, THEREFORE, for and in consideration of the mutual promises and covenants herein contained and other good and valuable consideration, the receipt and adequacy of which are hereby confessed and acknowledged, the parties hereto agree as follows: 1. The Grantor hereby grants, bargains, sells, and conveys to the Grantee, its successors and assigns, the Storm Drainage Easement over, across, and upon the Drainage Area and the Temporary Construction Easement. t�ta,t.Y, t��9; C, —4-/ i I lme / c t?A C.4 c Y 2. Within sixty (60) days after written notice from the Grantor to proceed with construction of the Lot Improvements, the Grantee shall commence and thereafter diligently Pursue completion of the construction and installation of the Lot Improvements, the Grantee shall pay all costs and expenses incurred in the construction and installation of the Lot Improvements and shall indemnify and hold harmless the Grantor and Lot 10 from and against any and all loss, cost, or expense including attorney's fees incurred by the Grantor as a result of the failure of the Grantee to pay the costs and expenses incurred in the construction and installation of the Lot Improvements. In the event a mechanic's lien is filed against Lot 10 as a result of any work performed on Lot 10 by or at the request of the Grantee, Grantee shall obtain the release of the lien within thirty (30) days after the recording of the lien. If the Grantee fails to obtain the release of the lien within said thirty (30) days, the Grantor shall have the right, but not the obligation, to pay the lien claim in full without regard to the validity thereof, and upon payment of the lien claim, the Grantor shall be entitled to immediate reimbursement for all costs and expenses, including attorney's fees, incurred by the Grantor in obtaining the release of the lien, together with interest thereon at the rate of twelve percent (12%) per annum from the date payment is made by the Grantor until reimbursed by the Grantee. 3. The Grantee shall indemnify and hold harmless the Grantor and the Lot 10 from and against any and all claims, demands, actions, suits, and proceedings of whatever kind or nature for personal injury, including death, or property damage arising out of, as a result of, or in connection with any work performed by or at the request of the Grantee on Lot 10. 4. Upon completion of any work on Lot 10, the Grantee shall restore the surface of the land to substantially the same condition as existed prior to the commencement of such work, except for changes in grade within the Drainage Area. 5. The Grantee shall also landscape the Drainage Area by planting grass or other groundcover reasonably acceptable to the Grantor. 6. The Temporary Construction Easement shall terminate one (1) year after commencement of any work on Lot 10 by or at the request of the Grantee, or on April 1, 2010, whichever date first occurs. 7. The parties shall execute such additional documents and instruments as may be reasonably necessary to fully effectuate the terms of this Agreement. 8. This Agreement and all other documents and instruments executed to effectuate this Agreement shall run with the land and shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. 9. In the event the Grantee defaults in the performance of its obligations under this Agreement, the Grantor shall be entitled to recover all costs and reasonable attorney's fees incurred in enforcing this Agreement. Va IN WITNESS WHEREOF, the parties hereto have executed this Grant of Easement and Agreement as of the day and year first above written. LAGUNITAS FOSSIL CREEK INC., a Colorado corporation BY: Ad - JonV . Prouty, President LAGUNITAS REDTAIL, INC., a Colorado corporation BY: - 4(k JonathIV,I. Prouty, President STATE OF COLORADO ) ss. COUNTY OF LARIMER ) The foregoing instrument was acknowledged before me this a*h day of i 2004, by Jonathan J. Prouty, President of LAGUNITAS FOSSIL CREEK INC., a Colorado corporation and LAGUNITAS REDTAIL, INC., a Colorado corporation. Witness my hand and official seal. My commission expires 3 11111111 i f IIIIIIIIIIBIIIIIIIIIIIIIIIIIIIIIIIIIIII LARIMERDOYLE RCPTN# 2005-0000937 00 41;a00s PAGES — 3 FEE $16.00 DOC $0,00 #422217 oaizs/sa GRANT OF EASEMENT AND AGREEMENT � �i/� THIS GRANT OF EASEMENT AND AGREEMENT is made and entered into this w l day of OUJJCr , 2004, by and between FOSSIL CREEK OFFICE PARK OFFICE OWNERS ASSOCIATION, INC., a Colorado corporation ("the Grantor"); and LAGUNITAS REDTAIL, INC., a Colorado corporation, the address of which is 3944 JFK Parkway, Fort Collins, Colorado 80525 ("the Grantee"). WITNESSETH: WHEREAS, the Grantor is the owner of the real property situated in the County of Larimer, State of Colorado, legally described as Lot 11, Cameron Park, Second Filing, according to the recorded plat thereof ("Lot 11"). WHEREAS, the Grantee is the owner of the real property lying immediately adjacent to and to the north of Lot 11 ("the Grantee's Property"). WHEREAS, the Grantor is willing to grant to the Grantee a nonexclusive temporary construction easement over, across, and upon the northerlymost ten (10) feet of Lot 11 as reasonably necessary for the purposes of matching the grade of Lot 11 and Grantee's property, grass sod installation, modification of and extension of Grantor's irrigation system as necessary to irrigate said Lot ("the Temporary Construction Easement"). WHEREAS, in consideration for the Temporary Construction Easement, the Grantee is willing to construct and install Lot Improvements along the northerlymost ten (10) feet of Lot 11 ("Lot Improvements"), which once installed shall be owned, operated, maintained, repaired, replaced, and improved by the Grantor, or the Fossil Creek. Office Park East P.U.D. Owners Association. NOW, THEREFORE, for and in consideration of the mutual promises and covenants herein contained and other good and valuable consideration, the receipt and adequacy of which are hereby confessed and acknowledged, the parties hereto agree as follows: 1. The Grantor hereby grants, bargains, sells, and conveys to the Grantee, its successors and assigns, the Temporary Construction Easement. 2. Within sixty (60) days after written notice from the Grantor to proceed with construction of the Lot Improvements, the Grantee shall commence and thereafter diligently pursue completion of the construction and installation of the Lot Improvements, the Grantee shall pay all costs and expenses incurred in the construction and installation of the Lot Improvements and shall indemnify and hold harmless the Grantor and Lot 11 from and against any and all loss, cost, or expense including attorney's fees incurred by the Grantor as a result of the failure of the Grantee to pay the costs and expenses incurred in the construction and installation of the Lot Improvements. In the event a mechanic's lien is filed against Lot 11 as a result of any work performed on Lot 11 by or at the request of the Grantee, shall Grantee shall J� vClt,..,� TCLtq-ne n �ouiy�ea� � r N,�urt+cs Co�,.ea..�.ics obtain the release of the lien within thirty (30) days after the recording of the lien. If the Grantee fails to obtain the release of the lien within said thirty (30) days, the Grantor shall have the right, but not the obligation, to pay the lien claim in full without regard to the validity thereof, and upon payment of the lien claim, the Grantor shall be entitled to immediate reimbursement for all costs and expenses, including attorney's fees, incurred by the Grantor in obtaining the release of the lien, together with interest thereon at the rate of twelve percent (12%) per annum from the date payment is made by the Grantor until reimbursed by the Grantee. 3. The Grantee shall indemnify and hold harmless the Grantor and Lot 11 from and against any and all claims, demands, actions, suits, and proceedings of whatever kind or nature for personal injury, including death, or property damage arising out of, as a result of, or in connection with any work performed by or at the request of the Grantee on Lot 11. 4. Upon completion of any work on Lot 11, the Grantee shall restore the surface of the land to substantially the same condition as existed prior to the commencement of such work, the Grantee shall also landscape the Temporary Construction Easement by planting grass or other groundcover reasonably acceptable to the Grantor. 5. The Temporary Construction Easement shall terminate one (1) year after commencement of any work on Lot 11 by or at the request of the Grantee, or on April 1, 2010, whichever date first occurs. 6. The parties shall execute such additional documents and instruments as may be reasonably necessary to fully effectuate the terms of this Agreement. 7. This Agreement and all other documents and instruments executed to effectuate this Agreement shall run with the land and shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. 8. In the event the Grantee defaults in the performance of its obligations under this Agreement, the Grantor shall be entitled to recover all costs and reasonable attorney's fees incurred in enforcing this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Grant of Easement and Agreement as of the day and year first above written. LAGUNITAS FOSSIL CREEK INC., a Colorado corporation M corporation 2 y, President AIL, INC., a Colorado STATE OF COLORADO COUNTY OF LARIMER ss. l !� ..: �� . The foregoing instrument was acknowledged before me this Q29—�day of t 2004, by Jonathan J. Prouty, President of LAGUNITAS FOSSIL CREEK INC., a Colorado corporation and LAGUNTTAS REDTAIL, INC., a Colorado corporation. Witness my hand and official seal. My commission expires: Notary 3 N ,'4� GRANT OF EASEMENT AND AGREEMENT THIS GRANT OF EASEMENT AND AGREEMENT is made and entered into this �day of LA�_ 2005, by and between THOMAS G. NOONAN and MARTHA NOONAN (collectively, `the Grantor"); and LAGUNITAS REDTAIL, INC., a Colorado corporation, the address of which is 3944 JFK Parkway, Fort Collins, Colorado 80525 ("the Grantee"). WITNESSETH: WHEREAS, the Grantor is the owner of the real property situated in the County of Larimer, State of Colorado, legally described as Lot 3, Cameron Park, Second Filing, according to the recorded plat thereof ("Lot 3"). WHEREAS, the Grantee is the owner of the real property lying immediately adjacent to and to the west of Lot 3 ("the Grantee's Property"). WHEREAS, the Grantor is willing to grant to the Grantee a nonexclusive, perpetual slope easement over, across, and upon the west twenty-five (25) feet of Lot 3 for the purpose of constructing a stormwater berm ("the Berm Easement") and no other purpose. WHEREAS, the Grantor is willing to grant to the Grantee a nonexclusive temporary construction easement over, across, and upon Lot 3 as reasonably necessary for the purpose of constructing a stormwater berm ("the Temporary Construction Easement") and no other purpose. WHEREAS, the Berm Easement and the Temporary Construction Easement shall be referred to collectively as "the Easements." NOW, THEREFORE, for and in consideration of the mutual promises and covenants herein contained and other good and valuable consideration, the receipt and adequacy of which are hereby confessed and acknowledged, the parties hereto agree as follows: 1. The Grantor hereby grants, bargains, sells, and conveys to the Grantee, its successors and assigns, the Berm Easement over, across, and upon the west twenty-five (25) feet of Lot 3, and the Temporary Construction Easement. 2. The Grantee shall indemnify and hold harmless the Grantor and the Lot 3 from and against any and all claims, demands, actions, suits, and proceedings of whatever kind or nature for personal injury, including death, or property damage arising out of, as a result of, or in connection with any work performed by or at the request of the Grantee on Lot 3. 3. Upon completion of any work on Lot 3, the Grantee shall restore the surface of the land to substantially the same condition as existed prior to the commencement of such work, except for changes in grade resulting from the construction of the berm. The Grantee shall also landscape the Berm Easement by planting grass or other groundcover reasonably acceptable to the Grantor. 4. The Temporary Construction Easement shall terminate one (1) year after commencement of any work on Lot 3 by or at the request of the Grantee, or on April 1, 2010, whichever date first occurs. ,/ fa- IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII CLERK LARIMER COUNTY CO RCPTN# 2005-0108077 13:44:00 5 PAGES - 3 FEE $16.00 DOC $0.00 #549700 Fort ez $0 5L5 5. The parties shall execute such additional documents and instruments as may be reasonably necessary to fully effectuate the terms of this Agreement. 6. This Agreement and all other documents and instruments executed to effectuate this Agreement shall run with the land and shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, personal representatives, successors and assigns. 7. In the event the Grantee defaults in the performance of its obligations under this Agreement, the Grantor shall be entitled to recover all costs and reasonable attorney's fees incurred in enforcing this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Grant of Easement and Agreement as of the day and year first above written. —7 THOMASAS�G. NOON*/ MARTHA NOONAN LAGUNII'AS REDTAIL, INC., a Colorado corporation EM STATE OF COLORADO ) ss. COUNTY OF LARIMER ) The foregoing instrument was acknowledged before me this /] , .day of, 2005, by THOMAS G. NOONAN and MARTHA NOONAN. Witness my hand and official seal. My commission expires: 2 7. In the event the Grantee defaults in the performance of its obligations under this Agreement, the Grantor shall be entitled to recover all costs and reasonable attorney's fees incurred in enforcing this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Grant of Easement and Agreement as of the day and year first above written. WOODLEY BROTHERS, L.L.P., a Colorado Limited Liability Partnership BY:7^. Patrick Woodley BY4r{1�d.c Michael Woodley LAGUNITAS REDTAIL, INC., a Colorado Corporation BY: J J iouty, President STATE OF COLORADO ss. COUNTY OF BOULDER ) The foregoing instrument was acknowledged before me this 15`day of 2004, by PATRICK WOODLEY AND MICHAEL WOODELY, General'[", Pf WOODLEY BROTHERS, L.L.P, a Colorado Limited Liability Partnership. Witness my hand and official seal. My commission expires: �� �S��DUFs �' "• Notary Public 2 1� STATE OF COLORADO ) 3 ) ss. COUNTY OF LARIMER ) The foregoing instrument was acknowledged before me this /54-�\day of %b , 2005, by Jonathan J. Prouty, President of LAGUNTTAS FORT COLLINS, INC., a olorado corporation and LAGUNTTAS REDTAIL, INC., a Colorado corporation. Witness my hand and official seal. Mycommission expires: Qq- l�- O _.��a`�trEN7- CT PVo r' 0 STgTE �OF G`�� 3 II I III) III'll I IIIIIII IIIIIIIIIIII� III III LARIMER COUNTYLCOK RCPTN# 2005-0108076-13:44:0066 PAGES - 7 FEE $35.00 GOC $0.00 #549699 03/30/04 GRANT OF EASEMENT AND AGREEMENT THIS GRAA• �T OF EASEMENT AND AGREEMENT is made and entered into this 3*day of a 2005, by and between LAGUNITAS COMPANY, a Colorado corporation ("the Grantor"); and LAGUNITAS REDTAIL, INC., a Colorado corporation, the address of which is 3944 JFK Parkway, Fort Collins, Colorado 8014214 ("the Grantee"). WITNESSETH: WHEREAS, the Grantor is the owner of the real property situated in the County of Larimer, State of Colorado, which property is the south part of Lot 14, Cameron Park, Second Filing, according to the recorded plat thereof ("Lot 14-B") legally described as shown on Exhibit A. WHEREAS, the Grantee is the owner of the real property lying immediately to the west of Lot 14-B ("the Grantee's Property"). WHEREAS, the Grantor is willing to grant to the Grantee a nonexclusive temporary construction easement over, across, and upon Lot 14-B as reasonably necessary for the purpose of matching the grade along the boundaries between Lot 14-B and the Grantee's Property ("the Temporary Construction Easement"). WHEREAS, the Grantee wants to construct a project entry feature, sign, and related landscaping and irrigation on that portion of Lot 14-B legally described as shown on Exhibit B, and furthermore wants to be granted a permanent perpetual easement for same and related maintenance as well as a temporary construction easement for the construction of same. WHEREAS, the Grantor is willing to grant a permanent perpetual easement for the construction and maintenance of a project entry feature, sign and related landscaping on that portion of Lot 14-B legally described on Exhibit B and shown on Exhibit F, and furthermore is willing to grant a permanent perpetual easement for same and related maintenance as well as a temporary construction easement for the construction of same. NOW, THEREFORE, for and in consideration of the mutual promises and covenants herein contained and other good and valuable consideration, the receipt and adequacy of which are hereby confessed and acknowledged, the parties hereto agree as follows: 1. The Grantor hereby grants, bargains, sells, and conveys to the Grantee, its successors and assigns, a permanent perpetual easement for the construction and maintenance of a project entry feature, sign and related landscaping on that portion of Lot 14-B legally described as shown on Exhibit B, and furthermore hereby grants a temporary construction easement for the construction of same. Pc� r6tigrr 40 t�lu sF.c par lal; 1%14- CowfA6) Co o5a,5 2. The Grantee shall indemnify and hold harmless the Grantor and Lot 14-B from and against any and all claims, demands, actions, suits, and proceedings of whatever kind or nature for personal injury, including death, or property damage arising out of, as a result of, or in connection with any work performed by or at the request of the Grantee on Lot 14-B. 3. Upon completion of any work on Lot 14-B, the Grantee shall restore the surface of the land to substantially the same condition as existed prior to the commencement of such work. 4. The Temporary Construction Easement shall terminate one (1) year after commencement of any work on Lot 14-B by or at the request of the Grantee, or on April 1, 2010, whichever date first occurs. 5. The parties shall execute such additional documents and instruments as may be reasonably necessary to fully effectuate the terms of this Agreement. 6. This Agreement and all other documents and instruments executed to effectuate this Agreement shall run with the land and shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. 7. In the event the Grantee defaults in the performance of its obligations under this Agreement, the Grantor shall be entitled to recover all costs and reasonable attorney's fees incurred in enforcing this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Grant of Easement and Agreement as of the day and year first above written. LAGUNITAS COMPANY, a Colorado corporation BY: Vffa J. Ifouty, President LAGUNITAS REDTAIL, INC., a Colorado corporation BY: - A" Jo anVro ,1resident 2 STATE OF COLORADO ) ss. COUNTY OF LARIMER ) The foregoing instrument was acknowledged before me this 3 1 day of GVL , 2005, by Jonathan J. Prouty, President of LAGUNITAS COMPANY, a Colorado corporation; and LAGUNITAS REDTAIL, INC., a Colorado corporation. Witness my hand and official seal. My commission expires: 09— 0 -a00-7 �r Lam••...• .•••• • Q �� Op COLOPP`�. �rrlrnuN`` 3 EXHIBIT A LEGAL DESCRIPTION Lot 14-B: Apart of Lot 14, Cameron Park Second Filing, City of Fort Collins, County of Larimer, State of Colorado which begins at a point on the Westerly line of said Lot 14 which bears S]7°32'40"E 117.26 feet from the Northwest comer of said Lot 14 and run thence S 17032'40"E 77.98 feet to the Southwest comer of said Lot 14; thence along the arc of a 205.00 foot radius curve to the right a distance of 92.79 feet, the long chord of which bears N72058'03"E 92.00 feet to the Southeast comer of said Lot 14; thence N00°48'20"E 111.71 feet to a point on the right-of-way line of Coronado Court; thence along the arc of a 50. 00 foot radius curve to the right a distance of 9.56 feet, the long chord of which bears N39° 17'34"W9.54 feet; thence S56°10'56"W 128.79 feet to the point of beginning, containing 10,138 square feet more or less. 0 EXHIBIT B A parcel of land being a portion of Lot 14 of Cameron Park Second Filing as recorded in Book 2113, Page 1611 of the Records of Larimer County, a subdivision located within Section 2, Township 6 North, Range 69 West of the 6th P.M., City of Fort Collins, County of Larimer, State of Colorado, and more particularly described as follows: BEGINNING at the Southwest Corner of Lot 14 of Cameron Park Second Filing said Southwest Comer being on the Northerly Right of Way (ROW) line of Cameron Drive as laid out and platted on the aforesaid Plat of Cameron Park Second Filing and assuming the Westerly line of said Lot 14 as bearing North 17'33'17" West with all other bearings contained herein relative thereto: THENCE North 1733' 17" West along the Westerly line of said Lot 10 a distance of 40.00 feet; THENCE South 84°20'46" East a distance of 38.91 feet; THENCE South 19°42'21" East along a radial line a distance of 20.00 feet to a point on a curve that is non -tangent to said radial line and to the Northerly ROW line of said Cameron Drive; THENCE along the arc of said curve a distance of 36.86 feet, said curve has a Radius of 205.00 feet, a Delta of 10°18' 10" and is subtended by a chord bearing South 65°08'34" West a distance of 36.81 feet to the TRUE POINT OF BEGINNING. Said parcel of land contains 1,062 sq. ft. or 0.024 acres, more or less and is subject to any rights - of -way or other easements as granted or reserved by instruments of record or as now existing on said described parcel of land. 5 SUBORDINATION TO EASEMENT THE UNDERSIGNED, having a security interest in all or any part of the real estate described on Exhibit B and shown Exhibit F attached hereto and incorporated herein by this reference ("the Property"), hereby approves, ratifies, confirms, and consents to the Easement and subordinates the priority of its security interest in the Property to the Grant of Utility Easement. IN WITNESS WHEREOF, the undersigned has executed this Subordination this _EL\day of 27 , 2005. CENTENNIAL BANK OF THE WEST, HARMONY BRANCH By: Name: Title:_8 pt- STATE OF COLORADO ) COUNTY OF I (V'i M of ) ss. The foregoing instrument was acknowledged before me this a+�day of e-kA'r,_W 2005, by Nl •� fhC+ I a .. as S\rf of CENTENNIAL BANK OF THE WEST HARMONY BRANCH. Witness my hand and official seal. My commission expires: IgID� CPaY .0L Nota ublic MEGHAN FLOWERS 1 CORowwo COURT i TRACT "A" LOT14 WESTERLY LINE OF LOT 14 A PORTION OF LOT 14 CAMERON PARK 2ND FILING 1,062 sq. ft. m � � ,risnvc _ U71L/>> �sEMENT LOT 15 £XiEAMENr ` u 74 / NORTHERLY ROW LINE OF CAMERON DRIVE TpoB CAMERQIv DRIT�' SSW CORNER OF LOT 14 CURVE TABLE CURVE LENGTH RADIUS I DELTA CHORD CH BEARING Cl 36.86' 205.00' 10'18'10" 1 36.81' I S65'08'34"W 1YING Sllh'fTYORS, INC. 9299 EASTMAN PARK DRIVE, WINDSOR, CO 80550 PHONE: (970) 686-5011 FAX: (970) 686-5821 WWW.KINGSURVEYORS.COM PROJECT 140:2003010 DATE: 2-24-24 CLIENT: NORTHSTAR DESIGN DWG: EXHIBITS 2-24-04 :,. &CLPPOA #{ 2-00& - 0032 YqQ EASEMENT AND RIGHT-OF-WAY AGREEMENT THIS AGREEMENT, made and entered into as of the '.Ik. day of MAY Lagunitas Redtail, Inc, hereinafter referred to as "the Grantor" and South Fort Collins Sand by d bet teen Political Subdivision of the State of Colorado, hereinafter referred to as "the District". WITNESSETH: For and in consideration of the mutual promises and covenants herein contained and the sum of One Dollars ($1.00) and other good and valuable consideration, the receipt and adequacy of which is hereby confessed and acknowledged, the Grantor has granted and conveyed and by these presents does grant and convey unto the District, its successors and assigns, a permanent non exclusive easement for the installation, construction, maintenance, inspection, operation, replacement, or removal of one (1) or more sanitary sewer lines for the collection and service of sanitary sewer and wastewater, and all underground and surface appurtenances thereto, including metering stations and other fixtures, in, over, across, and upon: A 20-foot right-of-way and easement, the centerline of which is described as follows: The West 10 feet of Lot 10 and the East 10 feet of Lot 11, Cameron Park Second Filing, County of Larimer, State of Colorado (See attached Exhibits). Also: The South 18 feet of Lot 10, Cameron Park Second Filing, attached Exhibits). County of Latimer, State of Colorado (See The parties hereto acknowledge that said easement and right-of-way (hereinafter referred to as "the Easement") is located on a parcel of property owned by the Grantor legally described as follows and hereinafter referred to as "the Grantor's Property": Lots 10 and 11, Cameron Park Second Filing, County of Latimer, State of Colorado. In addition to the fore further grants and conveys to the going grant of easement and right-of-way by the Grantor to the District, the Grantor District the following rights and privileges: A. The right to grade the Easement for the full width thereof in such manner as the District may reasonably determine to be necessary or advisable. B. The right to support pipelines located within the Easement across ravines and watercourses with such structures as the District shall reasonably determine to be necessary or advisable. C The right of ingress and egress to and from the Easement by means of existing roads (whether public or private) located on the Grantor's Property, if any, or in the absence of such roads, by such other routes as the District shall determine to be reasonably necessary taking into consideration the minimization of damage to the Grantor's Property. Notwithstanding the foregoing, in the event the Grantor' Property is subdivided and in the event roads are dedicated on the plat of such property, which roads provide adequate access to the Easement, then the District's right of ingress and egress over the Grantor's Property to the Easement shall be limited to such dedicated roads. D. The right to grade, construct, maintain, and use any private roads upon the such manner as the District may deem necessary or advisable in the exercise of its right Grantor's Property in of ingress and egress to and from the Easement E. To install, maintain, and use gates or other livestock barriers on all fences which now cross or hereafter cross the Easement. F. To mark the location of the Easement with markers set in the ground provided that any such markers remaining after the period of construction of the sanitary sewer line and appurtenances shall be placed in locations which will minimize interference with any reasonable use of the Easement area by the Grantor. G• All other rights necessary and incident to the full and complete use and enjoyment of the Easement for the purposes herein granted, The Grantor hereby covenants and agrees to and with the District, its successors and assigns that: A. Except as otherwise provided in subparagraph A, the Grantor, its heirs, persona] representatives, administrators, successors, and assigns shall not erect or place any permanent building, structure, improvement, fence, tree, or other landscaping on the Easement. In the event of the placement of such obstacles on the Easement contrary to the provisions of this subparagraph A, the District shall have the right to require the Grantor to remove such obstacles from the Easement and, in the event the Grantor fails to do so upon request, the District may remove such obstacles without any liability for repair or replacement thereof. Notwithstanding the foregoing, the Grantor, its heirs, personal representatives, administrators, successors, and assigns shall have the right, without the consent of the District, to plant grasses and other administrators, successors, er and small shrubs upon the Easement area which are usual and customary for the full use and enjoyment of the Property. However, the District shall not be responsible for repair or replacement of any "exotic" plantings, ornamental trees; or sim lar landscaping other than usual and customary groundcovering and shrubs. B. The Grantor does hereby covenant and agree to and with the District that the Grantor is lawfully seized of the Easement and the Grantor's Property, and that the Grantor has a good and lawful right to convey the Easement to the District and that the Grantor warrants the title thereto. The District does hereby covenant and agree to and with the Grantor as follows: construction A. The District shall not fence or otherwise enclose the easement, except during perioconstruction and repair. ds of B. All trenches and excavations made in the laying or repairing of the sanitary sewer line shall be Properly backfilled and as much of the original surface soil as reasonably possible shall be placed on top. Al] large gravel, stones, and clods will be removed from the finished backfill. The District will finish the backfill after normal settling of the soil so that the use and enjoyment of for the purpose now used. The District will maintaisaid Easement by the Grantor shall be suitable n the trench area and the sanitary sewer line. C. In the event the Grantor's Property is being used for grazing purposes, the District agrees that during the period of construction of the sanitary sewer line or any subsequent alteration, removal or replacement of said sanitary sewer line the District will leave or arrange for reasonable crossingover e Easement for cattle and livestock of the Grantor and its tenants and lessees. Further, whenever it becomes s th necessary for the District, its agents or contractors to cut a fence on the Grantor's Property, the District shall, at its option, either keep the gate closed or guarded in such a manner so as to prevent the entrance and exit of cattle or livestock through such opening, or to construction in any one or more places substantial gates with dual locks and to furnish the Grantor with one (1) set of keys thereto. Before any such fence is cut by the District, the fence shall be braced in order to prevent slackening of w res along the fence in each direction from the District's temporary opening. D. In the event the Grantor's Property is being used for production of any crops which require irrigation at the time the pipeline is constructed as set forth in the Agreement, the District agrees, unless otherwise provided, to install and operate flumes or appropriate crossing devices across times during such construction operations. The District further agrees; unless otherwise provided, not totblat all o k date, or obstruct in any manner any irrigation canal, drainage ditches, or creeks located on ' Property and further agrees to replace or repair any levees or banks the Grantors the District on the Grantor's Property. disturbed or damaged by the activities of E. The District shall pay the fair market value for any crops, fences, or livestock of the Grantor, his tenants and lessees which are damaged or destroyed as a result of the construction, of the sanitary sewer line. operation, and maintenance F. To the extent allowed by law, the District shall be liable for loss and damage which shall be caused acts any wrongful exercise of the rights of ingress or egress to or from the Easement or by wrongful or negligent acts or omission of its agents or employees during the course of their employment on the Grantor's Property. It is mutually agreed between the parties hereto that: A. Except to the extent that such rights may be inconsistent with or interfere with the rights and privileges herein granted to the District, the Grantor shall retain the right to use and enjoy the Easement. i 2 �I J STATE OF COLORADO ) ss. COUNTY OF LARIMER The foregoing instrument was acknowledged before me this /54t day of , 2004, by Jonathan J. Prouty, President of LAGUNITAS REDTAIL, INC., a Colorado Corporation. Witness my hand and official seal. My commission expires: 094 9 - Zoo I Notary 3 s 17-E of written. B. The benefit and burdens of this Agreement shall inure to and be binding upon the respective heirs, Personal representatives, successors, or assigns of the parties hereto. C. Whenever used herein, the singular shall include the plural and the plural the singular and the use Of any gender shall apply to all genders. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above GRANTOR: �% By: Air STATE OF COLORADO ) COUNTY OF LARIMER � ss. The foregoing 1r sV -10IMLj- QJ I�Yumen[ w ac owledged before me this day of ANfla - 200& by Witness my hand and official seal ;,�� •......J yoo,; �m ; v- >' ¢ >'. �p Q O_ J> '• ti . r4 . ,',�rrrl I I I111 S STATE OF COLORADO ) COUNTY OF LARIMER � ss. My C '�ssio xpire� _ �q _ 07 c Notary ublic GRANTEE: SOUTH FORT COLLINS SANITA a Political Subdivision of the State d M DiTullio, Manage; The foregoin strumegt was acknowledged before me this Aay of 197 M I alcae I) , n i r.( I o , 200.t, by Witness my hand and official seal. `tttUt n Nrrrr�' 00k a �'• 0 ¢ ' o z �yy My Commission EpxpireaU J s Notary Pub06 t1 WATER ECONNDD FIFlLISANITARY SEWER NEASEMENT I EXHIBIT LOT PARK SECOND Ng ,o' a is ----------- ------ I I I I I I EX/S7)NC I 9' U7l/,/Ty I E4SENENT LOTTO WATER AND SANITARY I L— %— SEWER EASEMENT — — — — — — — — — — — — — ' T — — — — T — CORONADO COURT J W0W 20 10 0 20 i'= 20' .4'95 • a: J NOTE: This exhDit-tlrawing is not intended �— 'f-Z to be a manumented land survey. It's sole Steven A Lu n.be' biting Surveyors, Ine. purpose is as a graphic representation to aid in the visuonzotion of the written Colorado Regis la4CTs' naI property description which it accompanies. Land Surveyor III The written property description supersedes the exhbit drawing. KING SUX�'EYORS, INC. PROJECT NO:2003010 9299 EASTMAN PARK DRIVE, WINDSOR, CO 80550 DATE: 11 —28-05 PHONE: (970) 686-5011 FAX: (970) 686-5821 CLIENT. NORTHSTAR WWW.KINGSURVEYORS.COM DWG:2003010EXH DRAWN:CSK CHECKED: SAL PROPERTY DESCRTPTTON Water and Sanitary— Sewer Easement Lot 10, Cameron park Second Filing A parcel of land being a portion of Lot 10 of Cameron park Second Filing as recorded in Book 2113, Page 1611 of the Records of Lorimer County, a subdivision located within Section 2, Township 6 North Range 69 West of the 6th P.M., City of Fort Collins, County of Latimer, State of Colorado, and more particularly described as follows: THE South 18.00 feet and West 10.00 feet of Lot 10 of said Cameron Park Second Filing. Said parcel of land contains 3131 sq. & or 0.072 acres, more or less and is subject to anv rights -of way or other easements as granted or reserved by instruments of record or as now existing on said described parcel of Ian& SMVEYOR'S CERTMCA 1, Steven A. Lund, a Colorado Registered Professional Land Surveyor do hereby state that this Property Description was prepared under my personal supervision and check ng, and that it is hued m the best ofmy knowledge and belief. rA nG^.� Land Surveyor 934995 KING SURVEYORS, INC. 9299 Eastman park Drive Windsor, Colorado 80550 (970) 686-5011 L120030101i.EGALMID WAM-SM SEW= WATER AND EX11MIT I LDT 1 PARK ! -j--- ------------- 000 1� r $� 0� LOT11 --I-------- CORONADO CO&RT . ,,a surveyor f34995 -----------L- I I WATER SEWER EASEMENT I yp� CAMERON I -T- 1 I I I i I I I 1 I I I I I I I i I I I I I I L—, �,t hP �60 20 10 0 20 1 "-- 20' NOTE This exhibit drawing is not intended to be o monumentad land survey, It's sole Purpose u as a graphic representation to aid in the visualization Of the written property description which it cccomponies. The written property description supersedes the exhibit drowing. "170 SURFTv0BS, INC. 9299 EASTMAN PARK DRIVE, WINDSOR, CO 80550 PHONE: (970) 686-5011 FAX: (970) 686-5821 WWW. Kf NCSUR VEYORS. COM PROJECT NO:2003010 DATE' 11-28-05 CIJENT: NORTHSTAR DWG:2003010ECH DRAWN:CSK CHECKED: SAL PROPERTY DESCRIPTION Water and Sanitary Sewer Easement Lot 11, Cameron Park Second Filing A parcel of land being a portion of Lot 11 of Cameron Park Second Filing as Book 2113, Page 1611 of the Records of Latimer County, a subdivision located within recorded in Section 2, Township 6 North, Range 69 West of the 6th P M., City of Fort C0llios, County of Latimer, Stare of Colorado, and mote particularly described as follows: THE East 10.00 feet of Lot 11 of said Cameron park Second Filing. nSaid parcel of land contains 1200 sq. R or 0.028 acres, more or less and is subject to any ghts-of way or other easements as granted or reserved by insnumenrs of record t as existing on said described parcel of land. SSURVEYOR'S CERUFICATE D, Steven A- Load, a Colorado Registered Professional Land Surveyor do hereby state 'bat this Property Description was prepared under my personal supervision and checking, and that it is true a�dLo�ot to the best ofmy knowledge and belief. Colorado Rng eg$�'ro S�ryo� Land Surveyor,",34995 EMVG SURVEYORS, INC 9299 Eastman Park Drive Windsor, Colorado 80550 (970)686-5011 t-:12a0301ell.EGALS�LIt wATea-SAX SEW.dx IIII'I IIIIIIII I (IIII) IIII IIII I I LARIMER COUNTYLCOK RCPTN' 2005-0000934 10:41:0006 PAGES - 6 FEE $31.00 DOC $0.00 #422214 03/30/04 GRANT OF EASEMENT AND AGREEMENT THIS GRA' OF EASEMENT AND AGREEMENT is made and entered into this 2 �11 day of , 2004, by and between FOSSIL CREEK EAST OFFICE PARK OFFICE OWNERS ASSOCIATION, INC., a Colorado corporation ("the Grantor"); and LAGUNITAS REDTAIL, INC., a Colorado corporation, the address of which is 3944 7FK Parkway, Fort Collins, Colorado 80525 ("the Grantee"). WITNESSETH: WHEREAS, the Grantor is the owner of the real property situated in the County of Larimer, State of Colorado, which property is the south part of Lot 13, Cameron Park, Second Filing, according to the recorded plat thereof ("Lot 13 South") legally described as shown on Exhibit A. WHEREAS, the Grantee is the owner of the real property lying immediately adjacent to and to the north of Lot 13 South ("the Grantee's Property"). WHEREAS, the Grantor is willing to grant to the Grantee a nonexclusive, perpetual slope easement over, across, and upon the northerly most and northwesterly portions of Lot 13 South for the purpose of matching the grade of Lot 13 South and the Grantee's Property ("the Slope Easement"). WHEREAS, the Grantor is willing to grant to the Grantee a nonexclusive, perpetual easement and right-of-way for the construction, installation, maintenance, repair, replacement, and improvement of a private drive ("the Driveway Easement") over, across, and upon that portion of Lot 13 South described and designated on Exhibit B attached hereto and incorporated herein by reference ("the Driveway Area"). WHEREAS, the Grantor is willing to grant to the Grantee a nonexclusive temporary construction easement over, across, and upon Lot 13 South as reasonably necessary for the purposes of matching the grade of Lot 13 South and Grantee's property, grass sod installation, modification of and extension of Grantor's irrigation system as necessary to irrigate said Lot, and construction of north edge of parking lot, and a private drive within the Driveway Area ("the Temporary Construction Easement"). WHEREAS, in consideration for the Driveway Easement, the Grantee is willing to construct and install matching the grade of Lot 13 South and Grantee's property, grass sod, modification and extension of Grantor's irrigation system as necessary to irrigate said Lot and construction of north edge of the Lot 13 parking lot approximately as shown on Exhibit C ("Lot Improvements"), which the Lot Improvements, once installed, shall be owned, operated, maintained, repaired, replaced, and improved by the Grantor. J fi,Gt K( Wrn twftbA: For+- Co(.,lih5) 60 905,157 NOW, THEREFORE, for and in consideration of the mutual promises and covenants herein contained and other good and valuable consideration, the receipt and adequacy of which are hereby confessed and acknowledged, the parties hereto agree as follows: 1. The Grantor hereby grants, bargains, sells, and conveys to the Grantee, its successors and assigns, the Slope Easement, the Driveway Easement and the Temporary Construction Easement. 2. Within sixty (60) days after written notice from the Grantor to proceed with construction of the Lot Improvements, the Grantee shall commence and thereafter diligently pursue completion of the Lot Improvements, the Grantee shall pay all costs and expenses incurred in the construction and installation of the Lot Improvements and shall indemnify and hold harmless the Grantor and Lot 13 South from and against any and all loss, cost, or expense including attorney's fees incurred by the Grantor as a result of the failure of the Grantee to pay the costs and expenses incurred in the construction and installation of the Lot Improvements. In the event a mechanic's lien is filed against Lot 13 South as a result of any work performed on Lot 13 South by or at the request of the Grantee, shall Grantee shall obtain the release of the lien within thirty (30) days after the recording of the lien. If the Grantee fails to obtain the release of the lien within said thirty (30) days, the Grantor shall have the right, but not the obligation, to pay the lien claim in full without regard to the validity thereof, and upon payment of the lien claim, the Grantor shall be entitled to immediate reimbursement for all costs and expenses, including attorney's fees, incurred by the Grantor in obtaining the release of the lien, together with interest thereon at the rate of twelve percent (12%) per annum from the date payment is made by the Grantor until reimbursed by the Grantee. 3. The Grantee shall indemnify and hold harmless the Grantor and Lot 13 South from and against any and all claims, demands, actions, suits, and proceedings of whatever kind or nature for personal injury, including death, or property damage arising out of, as a result of, or in connection with any work performed by or at the request of the Grantee on Lot 13 South. 4. Upon completion of any work on Lot 13 South, the Grantee shall restore the surface of the land to substantially the same condition as existed prior to the commencement of such work, except for improvements made within the Driveway Area. 5. The Grantee shall also landscape any disturbed area except the Driveway Area by planting grass or other groundcover reasonably acceptable to the Grantor. 6. The Temporary Construction Easement shall terminate one (1) year after commencement of any work on Lot 13 South by or at the request of the Grantee, or on April 1, 2010, whichever date first occurs. 7. The parties shall execute such additional documents and instruments as may be reasonably necessary to fully effectuate the terms of this Agreement. 2 8. This Agreement and all other documents and instruments executed to effectuate this Agreement shall run with the land and shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. 9. In the event the Grantee defaults in the performance of its obligations under this Agreement, the Grantor shall be entitled to recover all costs and reasonable attorney's fees incurred in enforcing this Agreement. 3 IN WITNESS WHEREOF, the parties hereto have executed this Grant of Easement and Agreement as of the day and year first above written. LAGUNITAS FOSSIL CREEK INC., a Colorado corporation BY: t *nJ.y, President LAGUNITAS REDTAIL, INC., a Colorado corporation BY: Jona n y,•President STATE OF COLORADO ) ) ss. COUNTY OF LARIMER ) The foregoing instrument was acknowledged before me this 1�day of 1� 2004, by Jonathan J. Prouty, President of LAGUNITAS FOSSIL CREEK INC., a Colorado corporation and LAGUNITAS REDTAIL, INC., a Colorado nonprofit corporation. Witness my hand and official seal. My commission expires: Oq— Iq - C! h EXHIBIT A LEGAL DESCRIPTION Lot 13 South: A part of Lot 13, Cameron Park Second Filing, City of Fort Collins, County of Larimer, State of Colorado which begins at the Southeast comer of said Lot 13 and run thence N89011'40"W 135.00 feet to the Southwest comer of said Lot 13; thence N27055'00"W 100.00 feet along the Westerly line of said Lot 13; thence N65°21'54"E 119.11 feet to a point on the Easterly line of said Lot 13; thence S27°25'00"E 25.00 feet; thence S88°45'00" E 77.73 feet; thence SOO°48'20"W 90.23 to a point on the right-of-way line of Coronado Court; thence along the are of a 50.00 feet radius curve to the left a distance of 30.01 feet, the long chord of which bears S29°12'05"W 29.56 feet to the point of beginning, containing 20,420 square feet more or less. 5 EXHIBIT B LEGAL DESCRIPTION A parcel of land being a portion of Lot 13 of Cameron Park Second Filing as recorded in Book 2113, Page 1611 of the Records of Larimer County, a subdivision located within Section 2, Township 6 North, Range 69 West of the 61h P.M., City of Fort Collins, County of Larimer, State of Colorado, and more particularly described as follows: COMMENCING at the Northeast Comer of Lot 13 of Cameron Park Second Filing and assuming the Northerly line of said Lot 13 as bearing North 88°45'37" West with all bearings herein relative thereto: Thence North 88045'37" West along the Northerly line of said Lot 13 a distance of 77.73 feet to an angle point on the Northerly line of said Lot 13, said angle point being the TRUE POINT OF BEGINNING. Thence North 57°38'25" West a distance of 29.77 feet; Thence North 65°21'22" East a distance of 15.00 feet to the Easterly line of said Lot 13; Thence South 27°25'37" East along said Easterly line a distance of 25.00 feet to the TRUE POINT OF BEGINNING. Said parcel of land contains 188 sq. ft. more or less and is subject to any rights -of -way or other easements as granted or reserved by instruments of record or as now existing on said described parcel of land. 0