HomeMy WebLinkAboutOAKRIDGE WEST PUD - Filed ED-EASEMENT DEDICATION - 2002-11-14RC, T' !1. 4 9;5'J4a468 UG /`.r!'.J l i (19; 00
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EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT is made and entered into as of theme / day of
1995, between BETHESDA FOUNDATION, a Nebraska nonprofit
corporation ('Bethesda"), and THE CITY OF FORT COLLINS, COLORADO, a municipal
corporation (the "City").
WHEREAS, Bethesda is the owner of an assisted living facility located at 5055 South Lemay
Avenue, Fort Collins, Colorado, more particularly and legally described on Exhibit A attached
hereto (the "Collinwood Facility");
WHEREAS, the Collinwood Facility is located on an approximately twelve (12) acre site,
and consists of four (4) buildings which include ninety-two (92) assisted living units;
WHEREAS, the City is in the process of developing and expanding its park system and has
asked Bethesda to donate a portion of the Collinwood Facility real estate to the City to be used for
a public park and recreational purposes;
WHEREAS, Bethesda believes that the City's proposed park will be beneficial to Bethesda
and the Collinwood Facility, and Bethesda has agreed to grant the City certain easement and access
rights with respect to a portion of the Collinwood Facility real estate (and to eventually convey a
tract of the real estate to the City).
NOW, THEREFORE, for good and valuable consideration, the parties agree as follows:
1. Collinwood Bonds. The parties agree and acknowledge that the Collinwood Facility
and the easements granted herein are subject to certain liens, encumbrances and covenants set forth
in that certain Master Trust Indenture dated as of September 1, 1993, between Bethesda and United
Missouri Bank, N.A., now known as UMB Bank, N.A., as Master Trustee, and in certain other bond
documents ('Bond Documents") executed in connection with the Colorado Health Facilities
Authority Revenue Bonds (Bethesda Foundation-Collinwood Project) Series 1993 (the "Bonds").
The parties shall use their best efforts to make sure this Agreement does not conflict with the terms
and conditions of any of the Bond Documents.
2. Public Park Easement. Bethesda hereby grants to the City a perpetual easement and
right to use that certain tract of real estate described and sketched on Exhibits B and B-1 attached
hereto (the "Park Land"), solely for purposes of a public park. The Park Land shall be used by the
City and the public solely as a park and related recreational activities.
3. Reservations and Restrictions. Bethesda hereby reserves for itself, its successors
and assigns the right to keep and maintain its sprinkler and irrigation system (and other utilities)
serving the Collinwood Facility, including those parts of the sprinkler and irrigation system located
on or under the Park Land, and the right to enter upon the Park Land to maintain, service, repair or
replace the sprinkler and irrigation system and other utilities. Any damage caused to Bethesda's
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LOGATION SKETCH - OAKRIDGE WEST
NOTE.
THIS &XLTCH AND THE AREAS
SHOWN. OfMT THE ATTACHED
PROPERTY DESLRTTION ONLT.
AND DO NOT REPRESENT A
MO"ENTED COLNDART VJKV Y.
"I=
11
589'54'50'E
200.00,
TRUE POO
SOUTHWEST CORNED,
LOT I
SOUTH LWE
LOT I
N
NTS
MARCH 9. 1995
4� P Alo
40 0rc. �`Oti0
589'56'50'E - 450.25'
N89'5G'50-N - 449.16°
50UTHEAST CORNER
LOT I
u
DESCRIPTION OF A PEDESTRIAN ACCESS AND TRAIL EASEMENT TO BE GRANTED
TO THE CITY OF FORT COLLINS LOCATED IN LOT 1 OF OARRIDGE WEST PUD
FIRST FILING
iA Pedestrian Access and Trail Easement located in the Northeast
iQuarter of Section 1, Township 6 North, Range 69 West of the sixth
Principal Meridian, City of Fort Collins, Larimer County, Colorado,
also being located in Lot 1 of Oakridge West P.U.D., First Filing,
is Plat of record with the Clerk and Recorder of the said Larimer
1County more particularly described as follows;
(Commencing at the southeast corner of the said Lot 1, the said
southeast corner is also the TRUE POINT OF BEGINNING of this
leasement description;
THENCE along the south line of the said Lot 1, North 89
degrees 56 minutes 50 seconds West for a distance of 449.16 feet to
the east line of that certain tract of land to be deeded to the
said City of Fort Collins;
THENCE along the east line of the said tract to be deeded to
(the City, North 06 degrees 57 minutes 36 seconds West for a
distance of 10.08 feet to a line which is 10.00 feet (measured at
'right angles) north of and parallel with the said south line of Lot
I1,
THENCE along the said parallel line, South 89 degrees 56
iminutes 50 seconds East for a distance of 450.25 feet to the east
lline of the said Lot is
THENCE along the said east line, along a non -tangent curve to
the right having a radius of 8816.97 feet, a central angle of 00
degrees 03 minutes 54 seconds and an arc length of 10.00 feet,
Ibeing subtended by a chord of South 00 degrees 44 minutes 56
seconds East for a distance of 10.00 feet to the point of
beginning. Containing 4497 square feet (0.103 acres) more or less.
above described easement is subject to all easements and rights
ways now existing or of record.
hereby state that the above description was prepared by me and is
ve and correct to the best of my professional knowledge, belief
d opinion. The description and areas are based upon previously
corded plats and deeds and not upon a actual monumented field
rvev.
WALLACE C. MUSCOTT, COLORADO P.L.S. 17497
.P.O. BOX 580 FORT COLLINS, CO
REOisT�•. �C.
* 17497QC�F+
EXHIBIT G
RCP";4 # 89049507 10/-C/89 09:14:00 # OF PACES - 4 FEE - S•000.00
M. RODENRER-RR, RECORI _t - LARI11FR COUNTY CO STAT DOC FEE -
EASEMENT DEDICATION
KNOW ALL BY THESE PRESENTS: That Cottonwood Farm Inc., a
Delaware Corporation being the owner of the following described
land, to -wit:
A portion of the Southeast quarter of Section 1, Township 6
North, Range 69 West of the 6th P.M., Larimer County,
Colorado
do hereby dedicate, transfer, and convey to the City of Fort
Collins, Colorado, for public use a forever a permanent drainage
easement in the City of Fort Collins, County of Larimer, State of
Colorado, more particularly described as follows:
An easement over and across portions of a tract of land lo-
cated in Section 1, Township 6 North, Range 69 West of the
nth P.M., Larimer County, Colorado more particularly
described as follows.
Considering the East line of the Southeast Quarter of said
Section 1 as bearing South 0°03'20" East from a found rebar
in value box at the East Quarter corner of said Section 1
and a found rebar in value box at the Southeast Corner of
said Section 1 and with all bearing contained herein rela-
tive thereto:
Commencing at the East Quarter corner of said Section 1;
thence along the North line of said Southeast Quarter, North
89°56'50" West, 50.00 feet to a point on the West right-of-
way of South Lemay Avenue, said point being the POINT OF
BEGINNING; thence along said West right-of-way, South
0°03'20" East, 33.00 feet; thence, North 21°32'33" West,
35.49 feet to a point on the North line of said Southeast
Quarter, said point also being on the South line of Oakridge
West P.U.D., First Filing; thence along said North line,
South 89°56'50" East, 13.00 feet to the Point of Beginning.
The above described easement contains 214.5 square feet and
is subject to all easements and rights -of -way now on record
or existing.
CITY OF FORT COLLINS
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T
It is understood by the undersigned that, by acceptance of this
dedication, the City of Fort Collins will accept the duty of
maintenance of such drainage easement.
Witness our hands and seals this 4�n— day of t • „ A.D.
1989. -
By: Cottonwood Farm Inc.
A Delaware Corporation e/ �
/ F '4 L By: � ��� �� � Attest
Michael S. Byrne Roberta S. Martin, Sec.
STATE OF COLORADO)
)ss.
COUNTY OF LARIMER)
The foregoing instrument was acknowledged before me this
)0" day of I A.D., 1989 by Michael S. Byrne and
Roberta S. Martirr,- as President and Secretary, respectively, of
Cottonwood Farm Inc., a Delaware Corporation.
Subscribed and sworn before me this l day of r
A.D., 1989.
My Notarial Commissions expires ..,,,,- _):'. 1`i` r
N tary Public
Address
City, State, ZIP Code
No Text
ATTORNEY'S CERTIFICATE
This is to certify that on the 42ZCO""day of 19 9
I examined the title to the property as described hereon and established
that the owners and proprietors of record of the said property as
construed in C.R.S. 1973, 31-23-111, are as shown hereon as of said date.
2 .
Address
Registration No.
No Text
sprinkler and irrigation system or other utilities by the City or in connection with the development
or use of the Park Land shall be repaired by the City at its expense. The City shall not allow any
improvements to be constructed on the Park Land, and shall only allow park or recreational
equipment to be located on the Park Land. In the event the Park Land is used for any purpose other
than a public park, Bethesda may terminate the easements and rights granted herein.
4. Conveyance of Park Land. After the Bonds are paid in full and the liens and
encumbrances created by the Bond Documents have been released, Bethesda agrees to convey the
Park Land to the City by general warranty deed for the amount of One Dollar ($1.00). The Park
Land shall be conveyed to the City free and clear of all liens and encumbrances, except and subject
to the following:
a. The reservations and restrictions set forth in paragraph three (3) above;
b. Any restrictions, reservations or exceptions contained in any United States
or State of Colorado patents of record;
C. All zoning and other governmental rules and regulations;
d. Statutory lien rights resulting from the inclusion of the Park Land in any
special taxing district or improvement districts;
e. All oil, gas or other mineral reservations or exceptions of record;
f. General property taxes, assessments and charges for the year of Closing and
all subsequent years; and
g. Any other restrictions, reservations, covenants or encumbrances of record.
The conveyance of the Park Land shall be made on the express condition that if it is used for
any purpose other than a public park, title shall revert to Bethesda at the option of Bethesda, its
successors or assigns.
5. Title Insurance. At any time prior to Bethesda's conveyance of the Park Land to the
City, the City may, at its own expense, obtain title insurance. The title insurance commitment
obtained by the City shall show marketable title to the Park Land in Bethesda, subject only to those
items set forth in paragraph 4 above. In the event said title insurance commitment discloses title
defects subject to which the City need not take title, the City may cure such defect within a
reasonable amount of time, at its expense, without in any other manner affecting the terms of this
Agreement. If any instrument is necessary in order to obviate any unpermitted exception or defect
in or objection to title, the following shall apply: (a) any such instrument shall be in such form and
shall contain such terms and conditions as may be reasonably required by the title insurance
company so as to satisfy said company sufficiently for it to omit such defect or objection; and (b)
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Bethesda agrees to execute, acknowledge and deliver any such instrument. In the event said title
insurance company refuses to omit any unpermitted title defect or objection prior to closing, then
the City shall, at its election, have the right to accept such title as Bethesda is able to convey; or
Bethesda or the City shall have the right to rescind this Agreement, and this Agreement shall be null
and void and of no further effect, and all parties to this Agreement shall be released from all
obligations hereunder.
6. Closing. The closing of the conveyance of the Park Land from Bethesda to the City
shall take place at a place and time reasonably agreeable to the parties, after the Bonds are paid off
(the "Closing"). Taxes, assessments and other Closing costs shall be prorated and allocated in
accordance with the normal customs in Latimer County, Colorado.
7. Pedestrian Access and Trail Easement. Bethesda hereby grants to the City a
perpetual easement and right-of-way to install, operate, maintain, repair, reconstruct, replace, inspect
and remove, at any time and from time to time, a pedestrian access and trail, together with a
perpetual easement and right-of-way for access on, along, through and under all of the real property
described on Exhibit C attached hereto and incorporated herein by this reference (the "Access
Trail"). Bethesda further grants to the City the right to install, maintain and use any and all gates
in any fences which now or hereafter cross the Access Trail.
Bethesda reserves the right to use the Access Trail for purposes which will not interfere with
the City's full enjoyment of the easements and rights granted herein, and agrees that:
a. Bethesda shall not erect or construct any building or other structure, or drill
or operate any well, or construct any reservoir or other obstruction, or
otherwise add to the ground level of the Access Trail;
b. Bethesda shall not deposit, or permit or allow to be deposited, earth, rubbish,
debris, or any other substance or material, whether combustible or
noncombustible, on the Access Trail.
8. Representations of Bethesda. Bethesda represents and warrants as follows:
a. Bethesda is the lawful owner in fee simple of the Park Land and Access
Trail, and has good and lawful right and authority to grant and convey the
easements, rights and conveyances contemplated herein, subject only to the
exceptions set forth in paragraph four (4) above;
b. There is no litigation proceeding pending (or to Bethesda's knowledge
threatened) against or relating to any part of the Park Land or Access Trail,
nor does Bethesda know of or have reasonable grounds to know of any basis
for any such action;
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C. Bethesda has no knowledge of any pending or threatened condemnation or
eminent domain proceeding with respect to the Park Land or Access Trail or
any part thereof,
d. Bethesda has not received notice of, and to the best of its knowledge, there
are no violations of any laws, orders, regulations or requirements of any
governmental authority affecting the Park Land or Access Trail or any part
thereof;
e. Bethesda has not received notice of default or breach under any of the
covenants, conditions, restrictions, rights -of -way or easements affecting the
Park Land or Access Trail or any portion thereof, no such default or breach
now exists or will exist on the date of Closing; and no event has occurred and
is continuing which, with or without notice and/or the passage of time, shall
constitute such a default or breach under any thereof; and
f. To the best of Bethesda's knowledge, the Park Land and Access Trail have
never been used as a landfill or waste dump; there has been no installation in,
or production, disposal or storage on the Park Land and Access Trail of any
hazardous waste or other toxic substances by any tenant or previous owner
or previous tenant or any other activity which could have toxic results; and
there is no proceeding or inquiry by any governmental authority or agency
with respect thereto.
9. Inspection. Prior to Closing, the City or any designee, shall have the right to make
inspections of the physical condition of the Park Land and Access Trail and any improvements
located thereon at the City's expense. Such inspections may include, but not be limited to,
inspections regarding compliance with any environmental protection, pollution or land use laws,
rules or regulations, or the disposal or existence, in or on the properties, of any hazardous substance,
as defined by the Comprehensive Environmental Response Compensation and Liability Act of 1980,
as amended, and regulations promulgated hereunder. If written notice of any unsatisfactory
condition, as determined at the City's sole discretion, signed by the City, is not received by Bethesda
prior to Closing, the physical condition of the properties and any improvements located thereon shall
be deemed to be satisfactory to the City. If written notice of any unsatisfactory condition, signed
by the City, is given to Bethesda prior to Closing, this Agreement may be terminated at the option
of either the City or Bethesda. Upon such termination, all payments and things of value received
hereunder, if any, shall be returned. The City is responsible and shall pay for any damage which
occurs to the Park Land or Access Trail and any improvements located thereon as a result of such
inspections.
10. Maintenance. The City shall be responsible for and agrees to, at its expense,
perform all maintenance at the Park Land and Access Trail. The City shalt keep such properties free
of trash and debris, safe and regularly mowed and cared for.
11. Indemnity. The City, to the extent permitted by law and by Article V, Section 16
of the Fort Collins City Charter, agrees to indemnify, defend and hold Bethesda, its successors and
assigns, harmless from and against any and all claims, losses, liability, damages or expense relating
to or resulting from, directly or indirectly, the City's breach or default of any of its agreements or
duties herein, or any injuries or damages incurred on the Park Land or Access trail (except as may
be directly caused by Bethesda).
12.. Governing Law. It is expressly understood and agreed by and between the parties
hereto that this Agreement is made in and shall be construed and interpreted in accordance with the
laws of the state of Colorado.
13. Notices. Any notice or other communication given by either party hereto to the other
relating to this Agreement shall be hand -delivered or sent by registered or certified mail, return
receipt requested, addressed to such other party at their respective address as set forth below; and
such notice or other communication shall be deemed given when so hand -delivered or on the third
business day after when so mailed;
Ifto Bethesda: Mr. Don Morgan
Bethesda Foundation
1465 Kelly Johnson Boulevard
Colorado Springs, Colorado 80920
If to the City: City of Fort Collins
P.O. Box 580
Fort Collins, Colorado 80522
With a copy to: Ron Mills, Rights -of -Way Agent
City of Fort Collins Colorado
P.O. Box 580
Fort Collins, Colorado 80522
14. Assignment. This Agreement shall not be assigned by either of the parties hereto
without the prior written consent of the other party, which consent shall not be unreasonably
withheld. The easements, rights -of -way, obligations and reservations contained herein shall run
with the land affected hereby and shall be binding upon the parties, their successors and permitted
assigns.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date
and year first above written.
Date:
<f l
l-
Date:
ATTEST:
n 1
City Clerk
APPROVED AS TO FORM:
Assistant City Attorney
STATE OF
) SS.
COUNTY OF c}• L� ,l ; c )
BETHESDA:
BETHESDA FOUNDATION, a Nebraska
no n core ation
Title:
CITY:
THE CITY OF FORT COLLINS, COLORADO,
a municipal corporation
By.
City Manager
The foregoing instrument was acknowledged before me this ate_ day of 3 un i ,
1995, by _P n , President of BETHESDA FOUNDATION, a Nebraska
corporation, on behalf of the Corporation.
A •
c .... A11 L .Nf, ..
Notary Public '�- • '�. •
WOE
STATE OF COLORADO )
) SS.
COUNTYOF lK�the✓ )
The foregoing instrument was acknowledged before me this _211' day of ,AJI )
1995, by _f��efri( /> J� oe _,_, %r, „>) , City Manager of THE CITY OF FORT COLLINS,
COLORADO, a municipal corporation, on behalf
/oIf the City.
Notary Public
STATE OF COLORADO )
) SS.
COUNTY OF tletw r' )
The foregoing instrument was acknowledged before me this 71'5 f day of
1995, by , - , - � t1<< P 1. '/", ! l/ -(k_ , City ( f' ✓k of THE CITY OF FORT
COLLINS, COLORADO, a municipal corporation, on behalf of the City.
Notary Public
#20646 (5/8/95 - 15:29:16) 95.306
I
EXHIBIT A
PARCEL I:
A portion of OAKRIDGE WEST P.U.D., FIRST FILING more
particularly described as follows:
A tract of land located in the Northeast Quarter of Section 1,
Township 6 North, Range 69 West of the 6th P.M., City of Fort
Collins, being more particularly described as follows:
Considering the East line of the Northeast Quarter of said
Section 1 as bearing South 0'10100" West from a found rebar in
valve box at the Northeast corner to a found rebar in a valve
box at the East Quarter Corner of said Section 1 and with all
bearings contained herein relative thereto:
Commencing at the Northeast Corner of said Section 1; thence
along the said East line, South 0°10100" West, 1,708.21 feet;
thence, North 89°50'00" West, 63.00 feet; thence, South
00*10100" West, 54.00 feet to the Point of Beginning, thence,
North 89' 50' 00" West, 637.00 feet; thence South 00'10100"
West, 883.20 feet; thence South 89°56'50" East, 649.16 feet to
a point on the West right-of-way of South Lemay Avenue, said
point also being on a curve concave to the West, having a
central angle of 0*47139", a radius of 8,816.97 feet and the
chord of which bears, North 1"06'49" West, 122.20 feet;
thence, North 1'30138" West, 200.00 feet to a point on a curve
concave to the East, having a central angle of 1°40'38", a
radius of 8,340.87 feet and the chord of which bears, North
0°40'19" West, 244.15 feet; thence along the arc of said curve
244.16 feet; thence North 0'10'00" East, 315.70 feet to the
Point of beginning.
EXCEPT that portion dedicated as Rule Drive on recorded Plat
thereof.
ALSO EXCEPT the following described property:
Lot 1, OAKRIDGE WEST P.U.D., FIRST FILING, City of Fort
Collins, County of Larimer, State of Colorado.
PARCEL II:
Lot 1, OAKRIDGE WEST P.U.D., FIRST FILING, City of Fort
Collins, County of Larimer, State of Colorado.
ki
OF A TRACT OF LAND - - -'
LLINS LOCATED IN LOT 1 OF OAR RIDGE WEST
TO THE CITY OF FORT
PUD FIRST FILING
tract of land located in the Northeast Quarter of Section 1,
ownship 6 North, Range 69 West of the Sixth Principal Meridian,
ity of Fort Collins, Larimer County, Colorado, also being located
n Lot i of Oakridge West P.U.D., First Filing, a Plat of record
ith the Clerk and Recorder of the said Larimer County more
articularly described as follows;
ommencing at the southwest corner of the said Lot 1, the said
outhwest corner is also the TRUE POINT OF BEGINNING of this
escription;
THENCE along the west line of the said Lot 1, North 00 degrees
0 minutes 00 seconds East for a distance of 200.00 feet;
THENCE leaving the said west line, South 89 degrees 56 minutes
0 seconds East for a distance of 175.00 feet;
THENCE South 06 degrees 57 minutes 36 seconds East for a
istance of 201.51 feet to the south line of the said Lot 1;
THENCE along the said south line of Lot 1, North 89 degrees 56
inutes 50 seconds West for a distance of 200.00 feet to the point
f beginning. Containing 37500 square feet (0.861 acres) more or
ess.
above described tract is subject to all easements and rights of
now existing or of record.
I hereby state that the above description was prepared by me and is
true and correct to the best of my professional knowledge, belief
and opinion. The description and areas are based upon previously
recorded plats and deeds and not upon a actual monumented field
survey.
i
TALLACE C. MUSCOTT COL40RADO P.L.S. 17497
P.O. BOX 586 FORT COLLINS, CO 80522
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