HomeMy WebLinkAboutCEDAR VILLAGE - Filed OA-OTHER AGREEMENTS - 2002-12-18RCPTN # 87043077 07 /?7/87 12:39.14 # OF PA' S - 15 FEE - $45.00
M RODENBER3ER, RECORD - LARIMER COUNTY, CO STAyE, DOC FEE $.00
AGREEMENT
THIS AGREEMENT, is executed this 93rJ day of
f 1987, by and between Walter Henry Beckley and Dorothy
Loui e Beckley (Grantors) and the City of Fort Collins, Colorado
(Grantee).
WHEREAS, on May 2, 1986, the parties hereto did enter into a
certain Deed of Easement Agreement, a copy of which is attached
hereto and incorporated herein by this reference, and hereinafter
referred to as the "Easement Agreement"; and
WHEREAS, the Easement Agreement contained certain additional
provisions as embodied in Exhibit "C" of the Easement Agreement;
and
WHEREAS, the parties now desire to amend certain provisions
of Exhibit "C" of the Easement Agreement.
NOW, THEREFORE, in consideration of the mutual promises of
the parties and other good and valuable consideration the receipt
and adequacy of which is hereby acknowledged, the parties agree
that Exhibit "C" of the Easement Agreement shall be amended to
provide as follows:
1. Paragraph 5 of Exhibit "C" of the Easement Agree-
ment is hereby repealed and amended in its entirety
to provide as follows:
(5) In consideration of the payment by the
Grantee of the sum of four thousand
one hundred and fifty dollars
($4150.00), which sum shall be paid by
the Grantee to the Grantor within
twenty days of conclusion of construc-
tion, the Grantee shall have no obli-
gation to pave any portion of the
Grantor's driveway.
2. Paragraph 7 of Exhibit "C" of the Easement Agree-
ment is hereby repealed and amended in its entirety
to provided as follows:
(7) The Grantee shall grade and fill the
north pasture from the westerly tempo-
rary easement line east to the exist-
ing pole fence. Such grade and fill
shall be at a depth of approximately
twelve to eighteen inches as necessary
to blend the existing contours of the
undisturbed pasture (to the west) to
the drainage swale along the pole
fence, all as shown upon Attachment 1,
attached hereto and incorporated
herein by this reference. The fill
material to be used for the aforesaid
purpose shall be obtained from the
existing stockpile at the north end of
the Grantor's property commonly known
as 1821 West Drake Road. The area
graded and filled shall be seeded as
provided in Paragraph 9 of this exhi-
bit and as more particularly defined
in the project documents. The west
half of the stockpile on the Grantor's
property will be smoothed and rounded
similar to the existing east half of
the stockpile. The existing condi-
tions are shown on Attachment 2
attached hereto and incorporated
herein by this reference, being two
photographs of the existing stockpile.
The stockpile shall become the prop-
erty of the Grantor and the Grantee
shall have no responsibility to re-
seed the area covered by the stock-
pile; nor shall the Grantee be respon-
sible for any damages or claims of
damages suffered by the Grantor
because of the existence or removal of
said stockpile.
3. Paragraph 9 of Exhibit "C" of the Easement Agree-
ment shall be amended to provide as follows:
9. Except as is provided in Paragraph 7
hereof, Grantee agrees to re -seed the
disturbed area within the easement at
the conclusion of construction with
native grass seed mixes, excepting,
however, disturbed areas within the
existing yard around the rental house,
which shall be restored with sod.
4. Except as herein modified, deleted and amended, the
Easement Agreement and its exhibits shall continue
in full force and effect. This Agreement, and the
Easement Agreement, constitute the entire under-
standing of the parties hereto with regard to the
subject matter hereof and may not be further
amended except by writing of the parties. This
Agreement shall inure to the benefit of the succes-
sors, heirs, representatives and assigns of the
parties.
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!—� IN WITNESS WHEREOF, the parties hereto have executed this
Agreement the day and year first above written.
Walter Henry Be kley
Dorothy LCuise Beckley
STATE OF COLORADO )
ss.
COUNTY OF LARIMER )
Subscribed and sworn to before me this /<,/Y'� day
of _ �,� 1987, by Walter Henry Beckley and Dorothy
Louis6d Beckley as Grantors.
Witness my hand and official seal.
DSLYNN COLDIRON
My commission expires P•Q sox 544
u y' %;yt)P Ita3gn apirea E-28 91
Notar,if Public
CITY OF FORT COLLINS, COLORADO
teven C. Burkett
City Manager
Subscribed and sworn to before me this da of 98Vb
Y Y
Steven C. Burkett, as City Manager of the City of Fort Collins,
Colorado.
Witness my hand and official seal.
My commission expires
ATTEST:
I' oN', w� - ' .
APPROVED AS TO FORM:
Assistant City Attorney
Notary Public
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RCPTN # 86044979 Or'14/86 11:01:45 # OF PA-7S - 3 FEE - $9.00
J. ULVANG, RECORDER - LARIMER COUNTY, CO. STATE jOC. FEE- $.00
My commission expires:
(C&SAGMT.BKY)
CONSENT AND SUBORDINATION AGREEMENT
WALTER HENRY BECKLEY and DOROTHY LOUISE BECKLEY, on the 2nd
day of May, 1986, executed a certain easement to THE CITY OF FORT
COLLINS, COLORADO, a Municipal Corporation, for a storm drainage
channel, which easement covers land in Larimer County, Colorado,
described as follows:
(See Exhibit A, attached hereto and by reference
made a part hereof)
Said easement was recorded on the
in Book _ , at Page _ , Reception
of the Larimer County, Colorado Records.
day of
No.
NOW, THEREFORE, HOME FEDERAL SAVINGS AND LOAN ASSOCIATION OF
THE ROCKIES, the holder(s) and owner(s) of a. Deed of Trust
recorded in Book 2305 at Page 458, of the Larimer County,
Colorado Records, for a valuable consideration, the receipt of
which is hereby acknowledged, hereby consent(s) to the terms and
provisions of said easement aforesaid without, however, joining
in any of the warranties, guarantees or indemnities contained
therein, and agrees) that the subject Deed of Trust shall be
subordinate to such easement in the event of foreclosure thereof.
HOME FEDERAL SAVINGS AND LOAN
ASSOCIATION F THE RQCKIES
BY:
Its Senior Vio President
STATE OF COLORADO)
ss.
COUNTY OF LARIMER)
The foregoing instrument was acknowledged before me this
day of 1986, by _ /s'a,v'
as irt�' _.� v_ �tr� of Home Federal/ S vings and hoan
Association of the Rockies.
WITNESS my hand and official seal.
Wotary Public
C
Address of Notary JPublic _.
�l. EXHIBIT A
WALTER AND DOROTHY BECKLEY TO CITY OF FORT COLLINS
PERMANENT EASEMENT
A part of Lot 7, Subdivision of 'a part of West 1/2 of Northwest 1/4
of Section 27, Township 7 North, Range 69 West of the 6th"P.M., County
of Larimer,.State of Col.orado being more particularly described as
follows:
Begin at the Southeast corner of said Lot 7 and run thence
along the South line of said Lot 7, N 89° 26' 57" W 41.70
feet; thence N 02° 33' 02" E 262.15 feet; thence N 00° 00'
29" W 367.69 feet; thence N 29° 59' 31" E 60.00 feet to a
point on the East line of said Lot 7; thence along said
East line and also along the West line of Cedar Village
First and Fourti, Filings, S 00' 00' 29" E 681.95 feet to
the point of beginning, containing 21,206 square feet more
or less.
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