HomeMy WebLinkAboutBELLA VIRA - Filed OA-OTHER AGREEMENTS - 2008-05-30AGREEMENT
To Convey Right of Way and Easement for Bella Vira Development
This Agreement ("Agreement") is entered into this day of
2007, by and between the BOARD OF GOVERNORS OF THE C LORADO STATE
UNIVERSITY SYSTEM acting by and through Colorado State University ("Board"),
whose legal address is 309 Administration Bldg, Fort Collins, CO 80523, County of
LARIMER, and State of COLORADO; the City of Fort Collins, a Political Subdivision
of the State of Colorado ("City"), whose legal address is 300 LaPorte Avenue, Fort
Collins, CO 80521, County of Larimer and State of COLORADO; and OFP
Development Company, a General Partnership ("OFP"), whose address is 1313 Fairway
Five Drive, Fort Collins, CO 80525, County of Larimer and State of COLOR -ADO.
RECITALS:
A. OFP is the fee simple owner of property known as the Bella Vira
Development, as described and shown on Exhibit A, which is attached hereto
and incorporated herein by this reference.
B. The Board is the fee simple owner of the property immediately adjacent to
and North of the Bella Vira Development.
C. The City is the political subdivision responsible for the approval of the Bella
Vira Development.
D. All parties wish to cooperate on the conveyance of a Right -of -Way attached as
Exhibit B, Non -Exclusive Permanent Easement attached as Exhibit C, and
Temporary Construction Easement attached as Exhibit D, all of which are
attached hereto and incorporated herein by this reference.
Now therefore, in consideration of the mutual covenants set forth herein, the
parties agree as follows:
A. OFP'S OBLIGATIONS ARE:
1. OFP agrees to submit to City the Final Drainage and Erosion Control Report,
Final Construction Drawings, Draft Easements and Right of Way Deed upon
CSU's initial approval of such documents. If City requires or recommends
changes to storm drainage or right of way documents, OFP shall resubmit
documents, with completed changes for CSU final approval.
2. Upon City approval of draft Right of Way Deed, OFP agrees to pay the Board
three thousand dollars ($3,000) as consideration for the Right -of- Way to be
granted to the City.
3. Upon City approval of the easement document, OFP agrees to pay the Board
two thousand dollars ($2,000) as consideration for of the permanent easement
to be granted to the City.
Page 1 of 5
ATTORNEY'S CERTIFICATION
I hereby certify that the forgoing Deed has been duly executed as required pursuant to Section
2.2.3 (C)(3)(a) through (e) inclusive of the Land Use Code of the City of Fort Collins and that all persons
signing this Deed on behalf of a corporation or other entity are duly authorized signatories under the laws
of the State of Colorado. This Certification is based upon the records of the Clerk and Recorder of
Larimer County, Colorado as of the date of execution of the deed and other information discovered by me
through reasonable inquiry and is limited as authorized by Section 2.2.3(C)(3)(f) of the Land Use Code.
Attorney
Address
Registration No.
EXHIBIT B Page 2 of 4
PROPERTY DESCRIPTION
Additional Rightof-Way
(1 of 2)
A parcel of land being pan of the Northeast Quarter (NE114) of Section Seventeen (17),
Township Seven North IT.7N.), Range Sixty-nine West (R.69W.) of the Sixth Principal
Meridian (6" P.M.), City of Fort Collins, County of Larimer, State of Colorado, and
being more particularly described as follows:
COMMENCING at the East Quarter Corner of said Section 17 and assuming the East
line of said NEI/4 Quarter as bearing North 00°10' 18" East, being a grid bearing of the
Colorado State Plane Coordinate System, North Zone, North American Datum 1983/92,
with all other bearings contained herein being relative thereto;
THEM E South 85°10'34" West along the South line of said NEI/4, a distance of 30.12
feet to the Westerly Rigbt-of-Way (ROW) line of Overland Trail and to.�3e POINT OF
BEGINNING;
THENCE continuing South 85°30'34" West along the South liaw
distance of 284.74 feet to a Point of Cusp;
THENCE along the arc of a curve concave to the NorthwgLski Istai
curve having a radius of 249.50 feet a delta of 9°32 19 and(g '$[d
80°24'25" East, a distance of 41A9 feet to a Point of Tangency i
THENCE North 75°38' 15" East, a distance of 177.38 feet to a Poi@I
THENCE along the arc of a curve concave to the Southeast, a distan
curve having a radius of 100.00 feet a delt4s5w 7°21'45" and a chord
79°19'08" East, a distance of 12.84 feet tdaF
THENCE North 83°00'00" East, a distance oft feet to a PC
THENCE ahe long tazc of a mav'�e��rrFpAc&ve to,h`. hteimest, a dista
curve having a radius of 15.00 i55siy��', 82°49 nd a chord
41°35'09" East, a distance off feet
THENCE South 89°49 &fitartce .00 feet''tFit1 W e1
Overland Trail;
_ Thence along sarilstedy ROW yy the followmgla
.THENCE Sout
THENCE Sou[
BEGINNING.
I, Lawrt
that this
ado Registered Professional
Surveyor #33642
EURVEYORS, INC.
Garden Drive
Coloiadu 80550
(970) 686-5011
I NEl/4, a
of 41.E ike� said
ve CFO;
at,12.85 feet saidt�
of 21.68 fi t said
u orth
t�"iOW line of
1 courses and
44.59 feet;
2.65 feet to the POINT OF
1, and is subject to any rights -of -way or
described parcel of land.
;ssional Land Surveyor do hereby state
my personal supervision and checking,
M:12004506\Legal and Closure12004506EXH-11AM
EXHIBIT B Page 4 of 4
ADDITIONAL ROW EXHIBIT NE1/4, SEC. 17, T.7N., R.69W.
(2 OF 2)
.zaoocE.evxecroAznvm7uA✓s
SLPNFAfFv!/;PHASE/3
EAST WARM
NORTHEAST CORNER
SECTION 17, T.'
SECTION 17. UN- R69W.
(BASIS OF BEARING)
NO010'18*E 2639.77'
POWT OF COM1
�—
OVERLAND TML
T'
LINE TABLE
LINE
BEARING I
LENGTH
Li
N63'00'00"E
1 25. '
L2
589'49'42"
20
L3
SOO10'1131W
l 44.59'
L4
I S 16'WW
1 2.65'
50
1
TABLE
CORNER
a
CA
This evhlbit drawing Is not intended to be a CENTER QUARTER CORNER I
8nted land aura y. It's ads purpose is as a SECTION 17. T7N R69W.
#%prsesntatisn-to-aidin tns-aeudtaaM oL
flan property dpeript'on which it ccampaniea.
tten praperty description supersedes the
drawing.
KING SURVEYORS, INC.
650 Gasdsn Duvc I Wm3saS Colorado 80550
phone: (970) 686-5011 1 faa: (970) 68G5821
a, a m.Idngsuxaeyoza.com
PROJECT NOc2004506
DATE: 12-6-06
CLIENT:JIM SELL DESIGN
DWG:2004506EXH-11
DRAWN: STE CHECKED: LSP
EXHIBIT B Page 3 of
EXHIBIT C
NON-EXCLUSIVE PERMANENT EASEMENT
(9 PAGES)
Non -Exclusive Easement Agreement
This Non -Exclusive Easement Agreement (Agreement) is entered into this day
of , 2007 by and between the Board of Governors of the Colorado State University
System acting by 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.
In exchange for the promises of the Board and the Grantee as set forth in
other good and valuable consideration, the receipt and sufficiency of whit
acknowledged, the parties agree to the terms herein. The Board grants and
Grantee a permanent non-exclusive easement in gross ("Permanent Easemt
the Board more particularly described and shown in Exhibit i"Easement
attached hereto and are incorporated herein by this reference: The Perman4
described on Exhibit A is granted for the purpose�jof rttsl'hlling aM ,maintai
1.1. Access. During therm of t
paragraph 2 herein, Grantee shall have acb4kat all
construction, repair, and maintenance of A, Qte�li
constructed under the City approved Bellatra
1.2. Constiu6l3orrtmentN0t
rement and
Hereby „
ey s to thd'
Ater, the land of
t .Exhibit A is
isement
a waterline.
;ment andsubject to all provisions in
the Permanent Easement for
N,,_ments ("Improvements")
1.3.:, Other Uses. Gitee acktinwledges that the Permanent Easement
described in Exhibitf is ccpm tended to axpodate and will be subject to other specific
easements in gross to r tli is rovidegW Grantee agrees to cooperate with the Board and the
recipients of other easements }r7 the traction, installation, and maintenance of the
1 �t 2 n, Agreent of Grantee. In exchange for the Board's grant of the
PermaneMt ante agrees to the following terms:
2.1. Survey. The Grantee agrees that all documents, plats and descriptions
attached hereto a$: x—Mbits 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.
Upon Recordation Return To:
EXHIBIT C Page 1 of 9
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
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 bef&e undertaking any
work or activity within the Easement Area. All access routes to the Ease4n nt Area for Grantee's
repair, operation, or maintenance of easement area shall be by route ar routes reasonably
designated by the Board.
2.5. Costs. The Board will not be responsible for any costs tucurred us'"
'
connection with installation, construction, operation, restoration or maintenance of
Improvements contemplated in this Agreement. '
2.6. Restoration. After completioh. bf0p atf4on, repoperation,
maintenance, or replacement work undertaken rrfconnectf,�# with this<tAgreement, the Grantee
shall restore the Easement Area and any improvements theon to the condition immediately
prior to such work, except that the Board shall be respdrt'sible for repair or restoration of any
structures installed or permitted by the Board tt?at are d2daged or impaired by Grantee's
reasonable exercise of its rights hereunder I"S4zttseguent htouring and re -vegetating, the
Grantor shall have full possession and use othe easement pi{emises.
r� , �.
2.7. Surface S'Nru'ctrtt`e i111 surface structures or devices, if any, must be
approved by the Board, as per sectrdr2 abovand shall be so located as to present the least
possible interferencejo the Board's use and pre se%vation of the value of the surface of the land.
2.8. aih6a e Grantee shall properly maintain the Improvements in
connection with this Agroeirf "Lbard may, after written notice to Grantee, so maintain
such hnnrciuetnents at Grifee's cost pon any failure by Grantee to properly maintain as
Not Applicable.
.10. . omuliance with Rules and Resulations. Grantee will comply with all
P
reasonable rules 4rid"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,
EXHIBIT C Page 2 of 9
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.
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. 1111s Agreement is
conditional on Grantee's continuous use of the Permanent Easement foi *_e,,pur tl`ses described
herein, and if the Grantee shall cease to use the Permanent Easement for the=described put�oses,
the Board shall have the right to re-enter the said unused premises and termini,1 h s Agreement
after having given notice of the Board's election to so terminate in the manner speoi ed in this
Agreement. To enforce this provision, the Board may, bur J�5=''tot required to.bring'an action for
ejectment or an equivalent action.'_
3.2. Sale Lease or Other Easement milkgrant 'card ma t other easements
within the Easement Area, so long as Grantee's use"of the `asament Area is not unreasonably
impaired. The Grantee shall not grant any asemenfS , n or other rights to use the Permanent
Easement. M z
3.3. Right to Relocate. Tle Bold}reserves the right, at the Board's cost, to
relocate this Permanent Easeuteatyd the hnroveritielats so long as such relocation does not
adversely impact the purpose of telteiTagenEasemnt and the performance of said
improvements. The Board shall con�tit w .a Grantee prior to any such relocation to
minimize interference,with the opera, bu of the�` rantee's Improvements, and to ensure the
purpose of the Pennaireirq E sement and` rovements is not adversely impacted. The Grantee
has the right to inspec 146&�se all relocation work.
4 ti fir=;,,Other T `sand Con lions. The parties agree to the following additional terms
and conditions.
¢ t' 'Prior 1 asements._This_P_ermanent_Easement _is -granted subject to all
easements, rights-of-w, 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 Equipment. 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.
EXHIBIT C Page 3 of 9
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
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 sucltpetson 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 beGconstrued or inter ted as a -waiver,
express or implied, of any of the immunities, rights, benefit, protection, or othsions of
the Colorado Governmental Immunity Act, Section 2440=10i' , t se ., C R &, as new or
hereafter amended. The parties understand and agree that liabrii�for claims for injuries to
persons or property arising out of negligence of a phrty} i depafo ts, agents, officials and
employees is controlled and limited by the prq signs of S tion 24=1 1T�I et s ., C.R.S. as
now or hereafter amended and the risk managemet, statutes, Section YA=30-1501, et seq., C.R.S.
as now or here after amended.
4.7. Rep
parties designate the folloN
for the delivery or mailing
Representative for the
md�Nbt" For thep poses of this Agreement, the
as their r 6sentatives and list the following addresses
with copy to:
City MaalReal Estate Services Manager
City off'Fort „ City of Fort Collins
P.O. Boxi580 1 4G!IdY'° P.O. Box 580
Fort Collin#sv CO 80522 Fort Collins, CO 80522
ntative for tfie:,Board: with copy to:
CSU R610 Estate Office CSU General Counsel
1415 $;;,College Avenue 01 Administration Building
Foollins, CO 80524 Colorado State University
"ItFort 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
EXHIBIT C Page 4 of 9
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 byway of complaint, defense, or otherwise. Any provision rendered null and void by
the operation of this provision will 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
C.R.S. 18-8-301 et sea. (Bribery and Corrupt Influences) and C.R.
Public Office), as may be amended from time to time, and that no
present.
7. No Beneficial Interest. The signatories lierd aver that to
State employee has any personal or beneficial interest ithe prvpety des
8. Non -Appropriation. The parties"
appropriation of funds sufficient therefor6%y the
y are familiar with
}0I of § . (Abuse of
ci ,such provisions is
ieu knowledge, no
ibex herein.
;i.
subject to the annual
ine bodies.
OF PkdE LEFT BLANK INTENTIONALLY
EXHIBIT C Page 5 of 9
IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year written
above.
City of Fort Collins, Colorado, ATTEST:
A Municipal Corporation
r-
Rv City Clerk
The foregoing instrument was acknowledged before me this day of , 2007 by Bob Riauto,
Vice President for Finance and Administration for the Board of Governors of the Colorado State University System.
My commission expires Witness my hand and official seal.
Notary Public
EXHIBIT C Page 6 of 9
4. All work or activity undertaken by OFP on the property of the Board shall be
so planned, designed and carried out in a manner consistent with the Non-
exclusive Easement Agreement and Temporary Construction Easements
(attached as Exhibits C and D), and so as to interfere as little as reasonably
possible with the character and appearance of the Board's property and the
surrounding environment, including its aesthetic character. All cost incurred
in connection with any work, construction, restoration or maintenance
contemplated in this Contract shall be borne entirely by OFP. OFP is
responsible for payment for all inspections, surveys, and engineering reports
or for any other work performed at OFP's request and shall pay for any
damage which occurs to the Board's property as a result of such activity. OFP
shall not permit claims or liens of any kind against the Board's property or the
City's property for inspections, surveys, engineering reports and for any other
work performed thereon at OFP's request. The provisions of this subsection
shall survive the termination of this contract for default.
5. OFP agrees to construct the Right -of -Way such that any slope on the Board's
property does not exceed a 4 to 1 ratio in steepness.
B. THE BOARD'S OBLIGATIONS ARE:
1. Upon receipt of $3,000 from OFP, and a letter of verification of City approval
of the Bella Vira project conditioned upon receipt by the City of acceptable
deeds conveying all necessary easements and Rights of Way under item C(1)
below, the Board agrees to convey, via Special Warranty Deed, to the City
that certain real property ("Property") in the County of Larimer and State of
Colorado as described on Exhibit B, pursuant to the terms and conditions set
forth in this Agreement.
2. Upon receipt of $2,000 from OFP and a letter of verification of City approval
of the Bella Vira project conditioned upon receipt by the City of acceptable
deeds conveying all necessary easements and Rights of Way under item C(1)
below, the Board agrees to grant to the City a Non -Exclusive Permanent
Easement for construction and maintenance of a waterline as shown on
Exhibit C.
3. Concurrently with the conveyance of the Permanent Easement referenced in
Paragraph 2 above, the Board agrees to grant to OFP a temporary construction__
easement as shown on Exhibit D.
4. The Board has the right to approve the Storm Drainage Plan for the Bella Vira
Development as it relates to and impacts the conveyance of storm water from
the Board's property. Any modifications required or recommended by the
City as part of the development process must be subsequently reviewed and
approved by the Board or its representative.
Page 2 of 5
ATTORNEY'S CERTIFICATION
I hereby certify that the foregoing Easement Agreement has been duly executed as
required pursuant to Section 2.2.3(C)(3)(a) through (e) inclusive of the Land Use Code of the
City of Fort Collins and that all persons signing this Easement Agreement 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 Easement Agreement ,'k d, other information
discovered by me through reasonable inquiry and is limited ae authorized by Section
2.2.3(C)(3)(f) of the Land Use Code.
EXHIBTr C Page 7 of 9
PROPERTY DESCRIPTION
EXHIBIT'A
Utility Easement
e142)
A parcel of land being part of the Northeast Quarter (NEIA of Section Seventeen (17),
Township Seven North (T.7N.), Range Sixty-nine West (R.69W.) of the Sixth Principal
Meridian(6" P.M.), City of Fort Collins, County of Larimer, State of Colorado, and
being more particularly descrriW as follows:
COMMENCING at the East Quarter Comer of said Section 17 and assuming the East
line of said NE114 Quarter as bearing North 00*10'12" 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;
THENCESouth85*1034" West along the South line of said NEV4, a
218.60;.
THENCE North 04049'26" West perpendicular from said South lin4'$
feet to the POINT OF BEGINNING;'
THENCE North 14°21"45' West, a distance of 10.00 feet;
THENCE North 75°38"15' East, a distance of 20.00 feet;
THENCE South 14021"45'East, adistanceof 10.00 t;
THENCE South .75°38-15' West, a distance of 2¢t eet to the POINT OF
BEGINNING.
Said Parcel contains 200 sq. ft. mom or lekjt(-), and
Other easements of record as now exisii3g'.t'& ,tP„dest
I, Lawrence S. Pepek, a
that this Property Descr
and that it is true —and cc
S;k -on
650 Garden Drive
M:12004506%Legal and Closure12004506EXH_12.doc
and
do hereby state
r and checking,
EXHIBIT C Page 8 of 9
UTILITY EASEMENT I L"Y—WB11 1.A I I NEt/4, SEC. 17, T.7N., R.69W.
r [za�21
SAODLEFILGE CVVO WWVIMS
SVMEMf 712 PY,1S 19
EAST QUARTER CORNER
NORTHEAST CORNER
SECTION 17, 'T 7N., R.69W.
rBECTON T.7N., R.69W.
(BASIS OF BEARING)
POINT OF COMMENCEMENT
TY
/17.
NOCIC92'E 2639.75'
— —
1 1
—
OVERLAND TRAIL
f.
UNE TAE
LINE
SEARIN
L1
N04191
L2
1414'21'4.'
L3
N75'38'1!
L4
S14 1'4:
LS
S7 38'1!
25 0
This exhibit drawing is not intended to he a
tented land survey. It's sale purposeis 03 a
: representation to aid in the visualization of
itten property description which it accompanies,
ittenproperty description supersedes the
CENTER QUARTER CORNER4
SECTION 17, T.7N., R.69W.
Q- KING SURVEYORS, DATE:11INC. PROJECT H6-05 506
650Guden Drive f Wmdsor,Coloxado R0550 CLIENT:JIM SELL DESIGN
phone: (970) 68G-50.11 fac(970) 686-5821 DWG 2D04506EX4506EXH-12
mm.IdgPurveyors.com DRAWN: BTB CHECKED: LSP
EXI3IBIT C Page 9 of 9
EXHIBIT D
TEMPORARY CONSTRUCTION EASEMENT
(9 PAGES)
Non -Exclusive Temporary Construction Easement
West Elizabeth Road Extension
This Non -Exclusive Temporary Construction Easement (the "Agreement") is entered into
this _ day of 2007, by and between the Board of Governors of Colorado State
University System by and through Colorado State University, whose address is 309
Administration, Fort Collins, CO 80523 (the `Board") and OFP Development Company, a
General Partnership, whose address is 1313 Fairway Five Drive, Fort Collins, CO 80525
("Grantee").
RECITALS:
A. The Grantee is the fee simple owner of that
Development, as described and shown on Exhibit A, w
herein by this reference.
B. The Board is the fee simple owner oft e pr
N
of the Bella Vira Development. yA
C. The Board wishes to allow than tee to ei
grading and drainage improvements as spdeifi� the
by the City of Fort Collins. ",L
Now therefore, in
as follows:
know as the
to and North
the Board's property to complete
Jira Development Plan as approved
set forth herein, the parties agree
Purpos In exchange 'P Of raises of t Board and the Grantee as set forth in this
Agreement and other g od #r vao Pconsiderafion, the receipt and sufficiency of which are
hereby ac'�ivledged, t Mies agree to the terms herein. The Board grants and conveys to the
Grant*a non=exclusive t porary construction easement in gross over the land of the Board
more 1� rticularly de, , and. shown in Exhibit B, ("Construction Easement"). Exhibit B is
attacheche€dfii anamcottorated herein by this reference.
1.1 Pu '" ese. This Construction Easement is granted for the purpose of
performing grading;Ard drainage improvements on Board property as specified in the city
approved Bella Vita Development Plan. This easement shall allow for the City of Fort Collins or
it's assigns to enter onto the property, if necessary, to perform or install any necessary erosion
control measures, perform grading or construct improvements pursuant to the terms of the
Development Agreement for the Bella Vira project.
EXHIBIT D Page 1 of 9
1.2 Access. During the term of this Agreement and subject to all provisions in
this agreement, Grantee shall have access at all times to the Construction Easement for
construction, contouring and sloping of the ground in the Construction Easement area.
1.3. Agreement of Grantee. The Grantee agrees to install a 6 ft. high
temporary construction fence suitable for detaining horses along the north boundary of this
Construction Easement. During the duration of this Construction Easement, Grantee will assure
that all fencing is properly installed and secured at all times during the term of the Construction
Easement. Upon completion of the work described herein, Grantee agrees to install a permanent
6 ft. high chain link fence, equal to the quality and construction of the eisting fence, as close to
the Board's property boundary as practical. Should grantee disturb ahY'btlier fencing during
access or construction, Grantee will repair or replace such fencing immedi'Ll*,k .' !S�
1.4. Expiration. The Agreement shall exM- e upon comp.
improvements to the West Elizabeth Road Extension, but uiy event not
2010.
1.5. Other Uses. Grantee
subject to other specific easements in gross
cooperate with the Board and the recipients
Easement.
2. Agreement of Grantee. In
Easement, Grantee agrees to tl fouowin€
2.1. Survey. Tiikpta
are attached hereto as exhibits are there
expense for the purpt3 paQurveying thi
Board assumes no resp hsiligg for the
q
damages resulting from�knaccut �a
g and
30,
Easement is
iders.''Gfrdntee agrees to
in its us of the Construction
for the t�`oard's grant of the Construction
s that all documents, plats and descriptions as
veys engaged by the Grantee at its sole
ies for the Construction Easement, and the
of such survey obtained by the Grantee nor for
"2.2. Environment and Character of Land. Any work or activity undertaken by
Grte in connection witlf�#ai$, Agreement shall be so planned, designed and carried out as to
interferfl onan possible with the character and appearance of the nearby _land and
the surrounding environment, including its aesthetic character.
k
U�
2 3=.r„='Notice of Work. Grantee shall notify the Board or its representative 10
calendar days in a vance of the commencement of any work or activity within the Construction
Easement. All access routes to the Construction Easement area shall be by route or routes
reasonably designated by the Board.
2.4. Costs to be Borne by Grantee. All costs incurred in connection with any
work, construction, restoration or maintenance contemplated in this Agreement shall be borne
entirely by the Grantee.
EXHIBIT D Page 2 of 9
2.5. Restoration. After completion of any work undertaken in connection with
this Agreement (whether the work involves original construction or later repair, maintenance or
demolition), Grantee shall restore the land and any improvements thereon to the condition
immediately prior to such work.
2.6. Indemnification. Grantee agrees to indemnify, defend and hold harmless
the Grantor against all liability, loss and expense and against all claims and actions based upon
or arising out of injury or death to persons or damage to property, caused by any acts or
omissions of Grantee, its successors, assigns, agents or contractors or'arising'out of Grantee's
use of the Property. In the event that Grantee contracts for any worm'(o be p�rfgrmed on the
Property, Grantee shall require its contractors and subcontractors to indemnif
y,, defend and hold
harmless Grantor, its employees and agents from any and„ all claims, dainh es and liabilities
whatsoever for injury or death to persons or damage to property arising from file contractors'
and/or subcontractors' actions or inactions. All contractorand subcontractors shall be required
to abide by and follow the provisions of this easement.?,
2.7. Compliance with Ri
reasonable rules and regulations regarding
adopted by the Board, to the extent such cs
Grantee's use of the land as contemplated
2.8. Removal
Construction Easement and wa
shall be as few as necessary,,,"
y,
remove them, restoring the land
3. Right
rights) in the Constn
inconsistent with the
.gulgUt)ns Gra ce w Tl comply with all
the laAd which hdy,ebeen or maybe
6005lnot unreasonably interfere with
'or Areas. Routes of access to the
on, repair, maintenance or removal
y work, Grantee shall destroy and
in paragraph 2.6. herein.
Ord. a The Board reserves all rights (including mineral
right to occupy and use it for all purposes not
to the Grantee.
" 'Other Tercaa and Conditions. The parties agree to the following additional terms
and conditions;
n r
4.1. �PhorEasements. This Construction Easement is granted subject to any
and all previously granted easements, rights -of -way, licenses and conveyances, recorded or
unrecorded. It ist Ctaftee's sole responsibility to determine the existence of any rights, uses or
installations conflicting with Grantee's use of the Property hereunder.. Grantee agrees to not
interfere with any use in the easement area by any other party under a previous grant. Grantee
understands and agrees that Grantor makes no representations concerning ownership of nor
warrants title to any of the Property. To the extent that this grant of easement may encroach on
lands not owned or controlled by Grantor, Grantee assumes all responsibility for any such
encroachment.
EXHIBIT D Page 3 of 9
4.2. Additional Use or Equipment. Use of the Construction 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 successo, 'or subsequent owners
of fee title in the properties bound by this agreement. m 'p
4.5 Third Party Beneficiary: It is expressly understood attdd"greed that he
enforcement and conditions of this Agreement and all rights contained herein, ielating to I"'
enforcement, shall be strictly reserved to the Board and the°Grantee. Nothing containpd 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 Grantor that any such person or entity,
other than the Board or the Grantee, receiving serees €ienefit5iunder thisA'greement shall be
deemed an incidental beneficiary only. 1 ,+
4.6 Sovereign Immunity
Agreement, no term or condition of this A'
express or implied, of any of the immunitia
the Colorado Governmental Immunity Act;
hereafter amended. The partiqkt_tderstand
persons or property arising out°off'
employees is controlled and limit(
now or hereafter amended and the
as now or here after amended.
parties
for the
1. any othdt provision of this
construed or interpreted as a waiver,
;,;protection, or other provisions of
?4-10-1('% et seq., C.R.S., as now or
�v
that, liability for claims for injuries to
,,
Vi' 'I -
ts departments, agents, officials and
s of Section 24-10-101, et seq., C.R.S. as
statutes, Section 24-30-1501, et seq., C.R.S.
fi
4.7. Iepresenl des an' Notice. For the purposes of this Agreement, the
to the foltcly g perso 6s as their representatives and list the following addresses
V or maihn& notices and other communications:
John
OF,P,D6velopment Company
13I3 Fairway Five Dr
Fort Collins, CO 80525
Representative for the Board:
CSU Real Estate Office
1415 South College Avenue
EXHIBIT D
with copy to:
with copy to:
General Counsel
01 Administration Building
Page 4of9
Colorado State University
Fort Collins, CO 80523-6009
Colorado State University
Fort Collins, CO 80523
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 rulesand regulations
issued pursuant thereto shall be applied in the interpretation, execution, and' eriib'rcement 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,, is otherwise in conflict
with said laws, rules and regulations shall be considered null and void. No irtg'cont ainetl m any
provision incorporated herein by reference which purports to negate this or ether special
provision in whole or in part shall be valid or enforceable anti available in any actnn at law
whether by way of complaint, defense, or otherwise. Any pl`gvision rendered nulk and void by
the operation of this provision will not invalidate the remamdet"o) this AgreeienYto the extent
that the agreement of the parties is capable of execrifioik
t MR ?aY
6. No Corrupt Influences. The srgnafoites het•tto aver that lltey are familiar with
C.R.S. 18-8-301 et seq. (Bribery and Corrupt Influences) °and C.R.S. 18-8-401 et seq. (Abuse of
Public Office), as may be amended from ttrete to time,'ar�that no violation of such provisions is
'a
present. E , d
7. No Beneficial Interest The sinaton h0io aver that to their knowledge, no
State employee has any person 4 $cra1nteresP#ii the property described herein.
EXHIBIT D Page 5 of 9
IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year
written above.
OFP Development Company, Colorado The Board of Governors of the Colorado
State University System, for the use and
benefit of Colorado State University
Print Name: Bob Rizzuto,
Vice President
Title: Administration
ATTEST:
i
Bye_,,
By: Donna
Title: Dtt43
STATE OF COLORADO )`
COUNTY OF LARIMER
The foregoing instrumepht was acknoledgi'before me this day of
2007 byBob Rizzuto, Vice] esident for Finance and Administration
Services.,
4�
My commissioh! q�S fires Witness my hand and official seal.
4 =u {N Notary Public
STA I OF COLORADOss
Y )
„.
COUNTS OF LARIlVI1 R n )
sir
The foregaing'nistrument was acknowledged before me this day of
, , 2007 by as
My commission expires Witness my hand and official seal.
Notary Public
EXHIBIT D Page 6 of 9
C. THE CITY'S OBLIGATIONS ARE:
1. In addition to the letter of verification required pursuant to B(1) above, to
provide CSU with a letter indicating that documents submitted by OFP have
been approved including the Permanent Easement, Construction Easement,
Right of Way Deed, Drainage and Erosion Control Report and Final
Development Plan Documents.
2. To accept and record upon receipt the Special Warranty Deed for the Right -
of -Way.
3. To accept and record upon receipt the Non -Exclusive Permanent Easement for
a waterline connection.
4. Upon execution of the deed by the Board of Governors of the Colorado State
University System or its designee, acceptance of deed by the City Planning
and Zoning Board, and issuance of the Development Construction Permit for
the proposed work (and all this permit process entails) to OFP the City shall
grant to OFP the right to occupy the property described in Exhibit `B" for
purposes of constructing the Right -of -Way.
THE BOARD, CITY, AND OFP MUTUALLY AGREE:
1. All documents, plats, legal descriptions and plans attached hereto as exhibits
or otherwise provided by OFP, are based on surveys conducted by OFP or its
agent and at its sole expense; the Board assumes no responsibility for the
accuracy of such surveys or plans obtained or for damages resulting from any
inaccuracies. Further, nothing contained in this Contract shall be construed to
permit OFP to impact, via stone drainage or otherwise, any property of the
Board adjacent to the Property transferred hereunder.
2. This Agreement constitutes the entire agreement between the parties and
supersedes and cancels any and all prior contracts, agreements or proposals,
whether written or oral, between the parties relating to the subject matter
hereof except for the Development Agreement and Final Development Plan
Documents between the City and OFP.
3. This Agreement shall be construed according to the laws of the State of
Colorado and venue for any dispute hereunder shall be in the District Court of
the County of Larimer, Colorado._
4. 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 City:
City Manager
City of Fort Collins
P.O. Box 580
Fort Collins, CO 80522
with copy to:
Real Estate Services Manager
City of Fort Collins
P.O. Box 580
Fort Collins, CO 80522
Page 3 of 5
PROPERTY DESCRIPTION
Bella Virg Subdivision
A portion of Lot l; OFP Development M.L.D. according to the recorded plat thereof as recorded by
the Latimer County Clerkand Recorder on April 13, 2000 as Reception No. 20000023858. located
in the Southeast Quarter (SEU4) of Section Seventeen (17), Township Seven North (T.7N.), Range
Sixty-nine West.(R.69W.) 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 East. Quarter Corner of said Section 17 and assuming the North line of the.
Southeast Quarter of said Section 17 as bearing South 85'10'34" West being a grid bearing of the.
Colorado State Plane Coordinate System, North Zone, North American Datum 1983/92, with all
bearings Herein relative thereto;
THENCE South 8501034" West along said North line, a distance of 57.73
Right -of -Way (ROW) line of Overland Trail and to the POINT OF BEGI
THENCE South 00016'54" West along said ROW line, a distance of 44.7#
Lott of said OFP. Development M.L.D.;""'''tip..
Thence along said North line bvthe following Eleven (11) courses
THENCE North 89043'06" West, a distance of 29.15 feet;
THENCE North 56000'25" West, a distance of 24.69 feet;
THENCE North 75 49 14"West, a distance of 41.63 feeu '
THENCE North 80 39 3T' West. a distance of 23 24 fe R %
THENCE South 740431" West,adisianccafoo90�'eet A
THENCE South 59 4404' West, a distanceofo1 46 feet " :11 ,
THENCE South 42o424" West, a distance of2q[pet;
"�
THENCE South 41 30 54" West, a drstence;;¢t'3�
THENCE South 14 3512"WesL a dtstar�at'rof 19 34
THENCE South 012747" West, adtsteCl ,f7511
THENCE South 28 0� 16" East, adistance83 fee6t'to the South Me
THENCE South 85 11'02 We ong said Si�, a distance of l9ok.'`
Thence alongthe Westi,, dNortherly a of that portion ofsai
the ownersof Lots 58 the Pondsati and Trail Secon,
Three (3) courses and di r. .
THENCE North 04 5Z'44" West, s f 15 00 fra+ :";;a,y
THENCE South 80011'02" West, a flnand4'„ 3a 90 feed'
the
0
Lot 1;
line of
Lot 1 Quit Claimed to
Filing by the following
THENCE Nortb7 ,tDm647' West, a dt,4tanccii � fefpfto the West line of said Lot 1;
THENCEN:({,?j "{'„Fast alangdWestla distance of531:53feet to the North lineof
said Southeast Q.varr' it �i{i�,
THENCE North 85 0t#4a os'tst`I.orl North line, a distance of 2594.19 feet to the POINT OF
BEGINNING.
`'',,.
34.486
Pepek, a,Colorado
Surveyor 433642
IONG. SURVEYORS, INC..
650 Garden Drive
Windsor, Colorado 80550
(970).686-5011
(+/-), and is subject to any n$htsof--way orather easements
M:@0a4506U,W and Ck Um\S bSvinim'l C(H5-07)dw Pa,] oft
Land Surveyor do hereby state that this Property
utd checking, and that iris true and correctto the
EXHIBIT D Page 7 of 9
PROPERTY DESCRIPTION
Temporary Constnurion Easement
(I of2)
A parcel of land being part of the Northeast Quarter (NEI/4) of Section Seventeen (17).
Township Seven North (T.7N.), Range Sixty-nine West (EL69W.) of the Sixth Principal
Meridian (e PM.), County of Larimer, State of Colorado, and being more particularly
described as follows:
COMMENCING nt the East Quarter Comer of said Section 17 and assummnc the East
line of said N'El/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 85010'34" West along the South line of said NEIA, a dis' 0�6f,30.12
feet to the POINT OF BEGINNING;
THENCE continuing South 85*10"34' West along said South Irnc;',i )S4ance of 1876..23
feet:
THENCE North 05008"13' West, a distance of 20.00 feet; "i. Mh :, s
THENCE North 85010"34' East, a distance of 1591.60 feet to a Point of Curaiatitre (PC)
THENCE along the arc of a curve concave to the Nort}awest, a distance of 38 21%g4, said ' .v
curve having a radius of 229.50 feet a delta of 9 3Z;"�1'1l' and a long chord that be'iii Slorth r
80'24"25' East, a distance of 38.16 feet to a Point o gency (PT); $ r j,
THENCE North 75938"15' East, a distance of M.igUftto a PC; ;1
THENCE along the arc of a curve concave to the South4g distance of 15.4*et said
curve having a radius of 120.00 feet aattt„ing chord that t5r:�its North
79019"08' East, a distance of 15.41 f ` a 9[�,�ir °I�
.
THENCE North 83- 00"00' East, ai, fence of 25i cet F�y 7j)�
THENCE South 89049'42' Ea" cc of 35. eet to the Wes��l�tghtaf--Way
(ROW) line of Overland
Thence along s6d4'ssterly RO 1 " ,hy'ithe following Tw3"(2) courses and
distances:
THENCE South 00 10 1Ax, distance of4 , feet;
THENCE South 00 16 54 "�It ' 'tljstance of 2.8 i _*the POINT OF BEGINNING.
,
Said Parcel contains 43,252 sct. mordiA ess (+/-fiend is subject to any rigpts-of-way
or other coij6 t5_of record asnpw exi ` ,;aid described parcel of land.
I, Lawrence S. Pepe Colorak ""' Professional Land Surveyor do hereby state
that this Property Des' poa dt my personal supervision and checking,
,. `',ijlgt It is true agd,co "tz tlf- ledge and belief.
#33642
INC.
sor, Colorado 80550
686-5011
M:1200450611.egal and Closum\2004506EXH_14.doe
EXHIBIT D Page 8 of 9
TEMPORARY CONSTRUCTION E'jBIT NEi/4, SEC. 17, T.7N., R.69W.
EASEMENT
(2 OF 2) L
St/PPI�A�'T4� EAST QUARTER CORNER
NORTHEAST CORNER SECTION 17, T.7N.. R.69W.
SECTION 17, T.7N., R.89W. (BASIS OF BEARING) POINT OF CCiiiwai "T
— — + N00'10'18'E 2639.77' — _l
— OVERLAND TRAIL '1O L6 � N POINT OF
— — _ I 10 L7 BEGINNING
TEMPORARY
CONSTRUC77ON
EASEMENT
43,252 SQXT. f 0993 AC
LINE TABLE
LINE
BEARING
LENGTH
L1
510'34'W
30.127
L2
N05'08'13"A
0.00'
L3
N7538'15'E
177.38'
L4
N8 '0 '
. 3'
L5
5891 'E
3 .6 '
L6
S0010'18'W
49.55
L7
016'S4'W
CURVE TABLE
CURVE
LENGTH
I RADIUS I
DELTA
CH2T4,T;j N
C� G
38.42
ECt
N
C
.
151
.
12000'
'
9'DB'
Cs �i Ih Tlt i �IjAy
W
s N
31
g�
Pun
N
OD
N n
50 '+
—
ca
a
;n
00
� mtmtj.o
NOTE: T exhioit dmWing is not Intended to be o
monumehi ed land survey. It's is purpose is as a
g( 1"representation to aid in the visualization of
lwritten property description Which it ccaomponies.
Written property description supersedes the
ex ibit drowing.
KING SURVEYORS, INC.
650 Garden Duv< I W mdwr, Colorzdo 80550
phone: (970) 686-5011 I Ess: (970) 686-5821
w IcuiBemveyors.mm
EXHIBIT D
�1
�1
CENTER QUARTER CORNER
SECTION 17, T.7N., R69W.
PROJECT NO:2004506
DATE: 12-14-06
CLIENT:JIM SELL DESIGN
DWG:2004506EXH_14
DRAWN: BTB CHECKED:2
Page 9 of 9
Representative for the Board:
CSU Real,Estate Office
1415 S. College Avenue
Fort Collins, CO 80524
Representative for OFP:
John Minatta
OFP Development Company
1313 Fairway Five Dr
Fort Collins, CO 80525
with copy to:
CSU General Counsel
01 Administration Building
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.
WHEREFORE, the parties have executed this Contract as of the date and year first above
written.
OFP Development Company
A Colorado General Partnership
City of Fort Collins, Colorado,
A Municipal Corp ration
By: City Manager
APPROVE T ORM:
By:
D City ttorney
ATTEST:
A 4a
By: City Clerklm�Pfa"IP15
✓
Page 4 of 5
RECEPTION#: 20070018632, 03/12/2007 at
02:31:31 PM,
1 OF 7, R $36.00
Scott Doyle, Larimer County, CO
TRAIL EASEMENT AGREEMENT
(Bella Vira — The Ponds at Overland Trail)
This Trail Easement Agreement is entered into by The Ponds at Overland Trail
Homeowners Association, Inc., a Colorado non-profit corporation ("Association"), c/o
Touchstone Property Management, 2850 McClelland Drive, Suite 1000, Fort Collins, CO 80525,
and OFP Development Company, a general partnership ("OFP"), 1313 Fairway Five Drive, Fort
Collins, Colorado 80525.
Recitals
A. The Association is the governing community association for The Ponds at
Overland Trail, a residential common interest community ("Ponds").
B. The Association owns the open space real property legally described as Tract D,
The Ponds at Overland Trail, Second Filing, City of Fort Collins, Larimer County, Colorado
("Association Property").
C. OFP is the owner and developer of the land lying north and east of the
Association Property which, upon recordation of the Final Plat for such land, will be known as
Bella Vira Subdivision (`Bella Vira Subdivision"). A legal description of the Bella Vira
Subdivision (prior to recordation of the Final Plat) is attached as Exhibit A and incorporated by
reference.
D. As part of the development of the Bella Vira Property, OFP will construct a soft
trail ("Trail") on the Association Property to provide a connection for the Bella Vira Subdivision
to the Ponds open space trail system. The location of the Trail is depicted on the map attached as
Exhibit B and incorporated by reference.
E. By this Agreement the parties wish to set forth their understanding regarding the
construgtion, use and maintenance of the Trail.
Agreeme
In consideration of the mutual promises contained in this Agreement and for other
valuable consideration, the receipt and sufficiency of which are acknowledged, the parties agree
as follows:
1. Incorporation of Recitals. The above Recitals are incorporated as substantive
terms in this Agreement.
2. Effective Date. This Agreement shall be effective upon recordation of the Final
Plat for the Bella Vira Subdivision ("Plat") with the Clerk and Recorder of Larimer County,
Colorado ("Clerk and Recorder").
Atter recording, return to: Richard S. Gast, Myatt Brandes & Gast PC
323 S. College Avenue, Suite 1, Fort Collins, CO 80524
3. Permanent Easement. Subject to the terms of this Agreement, the Association
grants and dedicates to the public a permanent, non-exclusive easement ("Easement") for the
Trail. The legal description of the Easement is the same as the legal description of the Trail
appearing on Exhibit B. The purpose of the Easement is to provide pedestrian access to the
public across the Trail.
Temporary Construction Easement.
4.1 Qmtof Temporary Construction Easement. The Association grants to
OFP a temporary construction easement in, over and across that portion of the
Association Property extending out 10 feet on either side of the Trail ("Temporary
Construction Easement").
4.2 11m of Tempgrary CgaMction Easement. OFP may use the Temporary
Construction Easement for purposes reasonably associated with construction of the Trail,
except that the Temporary Construction Easement shall not be used as an equipment
staging area or a construction field office.
4.3 Restoration. Immediately upon completion of the Trail construction, OFP
shall reseed the vegetation in the Trail vicinity, and repair any areas disturbed as a result
of the construction, and otherwise restore the ground surface to its condition prior to the
Trail construction (with the exception of the Trail itself).
4.4 Term of Tem op racy Construdion Easement. The Temporary Construction
Easement shall commence on the effective date of this Agreement and terminate upon the
earlier of (a) completion of the Trail construction, or (b) three years after the effective
date of this Agreement.
5. Trail Const ction. OFP shall pay all costs associated with designing and
constmeting the Trail. The Trail materials, size and overall appearance shall be similar to the
existing Ponds trail system. In addition, OFP will construct a dog waste collection station ("Dog
Station") adjacent to the Trail on Bella Vira Subdivision northeasterly of the Association
Property. OFP's design and construction of the Trail and the Dog Station shall comply with all
construction standards and other requirements imposed by the City of Fort Collins, Colorado.
6. Use Restrictions. Use of the Trail shall be subject to all restrictions set forth in
the Declaration of Covenants, Conditions and Restrictions of The Ponds at Overland Trail
recorded with the Clerk and Recorder on December 29, 1997 at Reception No. 97087111, as well
as any Rules and Regulations adopted from time to time by the Association's Board of Directors
(collectively, the "Restrictions"). The Association reserves the right, in addition to any other
rights and remedies, to close or restrict usage of the Trail if the Restrictions are violated. If the
Association chooses to close the Trail, it shall terminate this Agreement as provided in Section
10 below.
7. Maintenance and Repair. For one year after substantial completion of the Trail,
OFP shall be responsible, at its sole cost, for maintenance and repair of the Trail and the Dog
Station so that the Trail and Dog Station are fully functional and aesthetically attractive. After
that one year period, (a) the Association shall be responsible, at its sole cost, for maintenance and
Me (Ma W7)
f
repair of the Trail so that the Trail is fully functional and aesthetically attractive, and (b) OFP
and its successors shall be responsible, at their sole cost, for maintenance and repair of the Dog
Station so that the Dog Station is fully functional and aesthetically attractive. Notwithstanding
the foregoing maintenance and repair provisions, if any damage to the Trail or the Dog Station is
caused by a user of the Trail, that user shall be responsible for all costs of the Association to
repair the damage, including any costs of collection and reasonable attorneys' fees incurred by
the Association or OFP as a result of such damage.
8. Indemnification. OFP shall indemnify and hold the Association harmless from
and against any and all claims, demands, suits, damages, losses, costs and expenses (including
reasonable attorneys' fees) arising out of the design and construction of the Trail (including,
without limitation, any mechanics lien claims), as well as maintenance and repair of the Trail by
OFP.
9. Prior Drainage Easement. OFP previously granted the Association a Drainage
Easement on the Bella Vira Subdivision, which Easement was recorded with the Clerk and
Recorder on August 5, 1999 at Reception No. 99070119, as amended by the Revised Easement
recorded with the Clerk and Recorder on January 7, 2000 at Reception No. 2000001630, and as
further amended by the Grant of Easement and Amendment to Easement recorded with the Clerk
and Recorder on October 17, 2003 at Reception No. 2003-0132384 (collectively referred to as
the "Association Easement"). Upon recordation of the Plat for the Bella Vira Subdivision, the
Association Easement will become part of a blanket drainage and access easement ("New
Drainage Easement"). At a future date, the parties may agree in writing to vacate the
Association Easement if the Association is satisfied that drainage needs for the Ponds will be
adequately served by the New Drainage Easement. In any event, and whether or not the
Association Easement is vacated, as additional consideration for the Association granting the
Trail Easement under this Agreement, OFP releases and discharges the Association from any
obligation to maintain the Association Easement and related improvements. Instead, all such
maintenance obligations relating to the Association Easement shall be performed by OFP and the
successor homeowners association for Bella Vira Subdivision.
10. Termination. This Agreement and all easements created under this Agreement
may be terminated by either party giving the other party 45 days prior written notice of
termination. Upon termination, the terminating parry shall record a notice of termination with
the Clerk and Recorder.
11. Notice. Any notice required or allowed under this Agreement shall be in writing
and shall be either hand deiivered or sent via first class mail, postage pre -paid, addressed to the
party at the address appearing in this Agreement, or such other address as the party may have
given notice of to the other party. If hand delivered, the notice shall be effective upon delivery.
If mailed, the notice shall be effective three days after being deposited in the mail.
12. Runs With the LandlBinding Effect. This Agreement nuns with the land and shall
be binding upon and inure to the benefit of the parties and their respective successors and
assigns. This Agreement shall be recorded with the Clerk and Recorder.
MB (YW=7))
Date:
STATE OF COLORADO )
ss.
COUNTY OF LARIMER )
The Ponds at Overland Trail Homeowners
Association, Inc., a Colorado non-profit
corporation
By: J'l c.-11� F'�
Nancy Eckardt, President
Acknowledged before me day of February, 2007, by Nancy Eckardt, as
President of The Ponds at Overland Trail Homeowners Association, Inc., a Colorado non-profit
corporation.
Witness my hand and official seal.
My commission expires: y
Notary Public
Date:
STATE OF COLORADO )
ss.
COUNTY OF LARIMER )
OFP Development Company, a general
partnership
By:
Minatta, General Partner
Acknowledged before me this RZday of February, 2007, by John Minatta, as General
Partner of OFP Development Company, a general partnership.
Witness my hand and official seal.
My commission expires: ,. c f
c1WMOOW51lemP�YIvtemn F O1 LK333SEi =A®muan FVN L03M�
5
EXHIBIT A
TO
TRAIL EASEMENT AGREEMENT
(Bella VIra — The ponds at Overland Trail)
BETWEEN
THE PONDS AT OVERLAND TRAIL HOMEOWNERS ASSOCIATION, INC.
AND
OF? DEVELOPMENT COMPANY
Bella Vira Property Description
A portion of Lot 1, OFP Development IVLL.D. According to the recorded plat distant.` as recorded by
the Latimer County Clerk and Recorder on April 13. 2000 As Reception No. 20DO0023858, locazed
in the Southeast Quarter (SEI l4) ofSecifon Seventeen (17), Township Seven Nardi (T.7N.), RwWo
SIVY-nine West (R.69W.) of the Sixth Principal Maddian M p_4L), City of Fort Collins, County- t
of Latimer. State of Colaredo and being 11110r0 pattimbUrly described As follows:
COMMENCING at the Fes[ ! Qn U Cotner of said Section 17 and aatmtiog the Nord, linaofthe
Southeast Quarter ofsaid Section [7 as boating South 85a1034" West being a grid bearing of the
Culorado State Plane Coordinate Syateta North Zone, North Anwiratt Dattnn 191t3/92, with all
bearings herein relative tberefo;
THENCE South 85" 1034" West along said North line, a distytce of 57.73 feat to the Westarly
Right -of --Way (ROW) line of Overland Trail and to the POINT OF BEGINNING;
THENCE South 00a 16'54" West along said ROW line, A distance of 447.0o feet to the North Liao of
I.nt2 Of said OFP Development MD.;
Thence along said North line by the following Eleven (i 1) courses And distances:
714CNCE North 89a43'06" Weat o distance of 29.15 feet;
THENCE North 56eDO25" Wcs4 a distance 01`24.69 feet j
THENCE North 75"49'14- West, a distance of 41.63 feet; i
THENCE North 8539'37" West, a distare;e of 23.24 let
THENCE South 74"04'37" Wcs4 a distance of22.90 feet
THENCE South 59`441041 West, a distance ef21.46 fact; l
THENCE South 42"3424' Wast, a distance of20.00 feet;
THENCE South 41 "30'54" West, a distance of 36.60 feet;
THENCE South 14*36'12" West, a distance of 19.34 feet;
THENCE South 01 S2747" West, a distant" of 75.11 f:w,
THENCE South 21i'lol16" East, a dlstanee of43.83 fret to the South line of said Lot 1;
THENCE South 85a1 1'02" West Minns Said South lice, a distance of I gol.51 fear
Thence along the Westerly and Northedy Il Im of that portion of said W 1 Quit Claimed to
the owners of Lots .58 Hires 63 of the ponds At Overlead Trail Second Filing by the rolt6iving
Three (3) courses a.A distances:
THENCE North 04a5244" West, A distance of 15.00 feet '
THENCE South 95011'02" West, a distance of 435.90 feet;
THENCE North 60"06'47" West, a distance of 89. 12 feet to the West lira of said Lot 1;
THENCE North 00.16'41"East along add West fine. o distance of531.53 feet to the North lino of
said Southeast Quaver;
THENCE North 85*1 W34" East elms said Noah line, a distance of2594.19 feet to the POINT OF
aM- INNING.
Said Pamel contains 34.486 acres mom or lass W-1 And is subject to Any rights•or- y or other"wMena
of Feenrd as nova existing en wld described pucel of inud.
EXMIT B
TO
TRAM EASEMENT AGREEMENT
(Bella Vlra — The Ponds at Overland Trail)
BETWEEN
THE PONDS AT OVERLAND TRAIL, HOMEOWNERS ASSOCIATION, INC.
AND
OFP DEVELOPMENT COMPANY
May of Trail
ela
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ToU
Proosed
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: Trail :
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Tract
7239 acrres
L
Drainag9 91id Amass
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�� Easement
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The Board of Governors of the Colorado State University System
Acting by and through Colorado State University
By__- �- 7-
Bob Rizzuto
Vice President for Finance and Administration
APPROVED:
,-- onna Aurand
Deputy General Counsel
Page 5 of 5
EXHIBIT A
BELLA VIRA DEVELOPMENT PROPERTY
(1 PAGE)
PROPERTY DESCRIPTION
Bella Vira Subdivision
Aportion of Lot 1; OFP Development M.L.D. according to the recorded plat thereof as recorded by
the Latimer County Clerk: and Recorder on April 13, 2000:as Reception No. 20000023858. located
in the Southeast Quarter (SE1/4) of Section Seventeen (17), Township Seven North (T.7N.), Range
Sixty-nine West.(R.69W.) 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 East: Quarter Comer of said Section 17 and assuming: the North line of the
Southeast Quarter of said Section 17 as bearing South 85°1.0'34" West being a grid bearing of the.
Colorado State Plane Coordinate System, North Zone, North American Datum 1983/,A'',}w7th all
bearings herein relative thereto; _ _
THENCE South South 85°I0'34"' West along said North line, a distance of 57.73 fgtl'�h the Wester
Right -of -Way (ROW) line of Overland Trail and to the POINT OF BEGIS06G ,
THENCE South 000I654" West along said ROW line, a distance of 447 00 f4ltt,,the NOOrline. of
W
Lot 2 of said OFP Development M.L.D.; i 'tom
Thence along said North line by the following Eleven (11) courses and distancj;;,,
North 89043'06" West, a distance of 29.15 feet;
THENCE North 56°00'25" West, a distance of 24.69 feet -
THENCE
THENCE North75°49'14" West, a distance of41.63feet;
THENCE North 80039 37"West. a distance of 23.24 f
THENCE South 74°04 07' West. a distance of 22 9Ct 1
THENCE South. 59044 04" West, a distance of 21,feet Iijtji j
THENCE South 4203424" West, a distance of, DO feet
THENCE South 41 °3054" West, a distance of`3,>f0 feet ups }
THENCE South 1403612" West, a distance of 14 get
THENCE South 01 °2747" West, a dij*jj, f 70 17 k
THENCE South 289316" East, a dtstatt 13 83 feat a South line of said Lot 1;
THENCE South 8501102" West along a at# ;lme, a d�ce of I901.51 feet;
Thence along the Westerly and No'lysoftha'f' on of said Lot .IQuit Claimed ;to
the owners of Lots' b3 of the 1?opds ai�i, andSecond Filing by the following
Three (3) courses - _,
THENCE North-04°5244 a` of Ofeet'
THENCE South 85°1I 02 Wesf fp,4 0 feet;
THENCE North °D647 West ce of feet to the West line of said Lot l;
THENCEWest line, adistance of 531-53 feet to the North line of
e'1+' ''_fit+.
THENCE North °IO 34" sazd'Ttirth line, a distance of 2594.19 feet to the POINT OF
BEGINNLY'G. ` `°. <U`.� 'td
i'PW' I contains 34'A8'acres more or less (+/ ), and is subject to any rights -of -way or other easements
record as now :existi"' . said described parcel of land.
I Land. Surveyor do hereby state that this Property
and checking, and that itis true and :correct to: the
rce S. Pepek - oh be f�rf King.Sury Inc.
Registered Profess............,p
o,do
�i`JNR�- -
Land Surveyor 933642
KING SURVEYORS,_ INC.
650 Garden Drive
Windsor, Colorado 80550
(970) 686-5011
M.W*4506\Ltp1wdCm.=tsutrasiri°gl°euti=is•aisdoo a";c r°ei Page 1 of 1
EXHIBIT A
EXHIBIT B
RIGHT-OF-WAY DEED
(4 PAGES)
SPECIAL WARRANTY DEED/
Deed of Dedication for Right -of -Way
KNOW ALL MEN BY THESE PRESENTS: That the undersigned Board of Governors of the
Colorado State University System acting by and through Colorado State University, being the owner of
certain real property in Larimer County, Colorado legally described at Reception No. 68553 and recorded
in Book 160 Page 137 in the Larimer County Records, in consideration of Ten Dollars ($10.00) in hand
paid, receipt of which is hereby acknowledged, and other good and valuable consideration, does hereby
dedicate, transfer, and convey to the City of Fort Collins, Colorado, a Municipal Corporation, for public
use forever a permanent right-of-way for public street purposes in the City of Fort Collins, County of
Latimer, State of Colorado, more particularly described and shown on Exhibit,"
A17attached hereto and by
this reference made a part hereof.
It is understood by the undersigned that, by acceptance of this dedication, the Ci*of Fort Collins
will not accept the duty of maintenance of such right-of-way until permanen$'tmproverrt(ecnts have been
made and accepted by the City. ; v'V
200� by
Notary Public
Accepted by the City of Fort Collins on the _ day of 200.
City Clerk
EXHIBIT B Page 1 of 4