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HomeMy WebLinkAboutHOME INSTEAD - Filed OA-OTHER AGREEMENTS - 2015-12-01AUO, 25. 200b 12:19?M SECUR17Y_TITLE_FTCOL Na I772--P. I—p.0---- $1as d(,o am a", a� 2oc)(,cr6c)(o Lt i#7� IR i U� MPM .. _L!WMM ie:s:w 8f �01lN WAM OPAMl%U Apo MAN �� THIS $1'M WA ANO MAHAOltT 6Ali�Yslra"i (ft1* MY of Ww I f:, M wit Inb br and bra eMrbMMtn�'iR dips r'�sWW tlno Wh d the ilaMWM t d � bra 0 MILM I2M) (%mW orjjW%-1~ *taw .14 , 1 In ISO k Vmftny oft W04 evInvot 00 wi li-M and M OMW F EWALS WM'F"S, ttfs GM*r le ft QWW In It of proprirIY dk4ftd and ndtirned to ae ft tort Cdit Pbat Oft- CIV o1 FM WAM of Color4 , and tp W dMod h EWM A. Whtoh 164 MChad herb and noft a pwt t WHOWMA MM targas tr a pilo rd Ub a puahr�a0�wtwi,.nrbtr the OrarMes M Prsoh"VOOMMS Pow saga Man W at 1!e 6ij Aa Mn oft1N +W+:w tictrtlNr M ngwrlNp b redrtan aaMn+w*ibrSIMer n PNFN G* thrr LISPS prp dv. 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All +condabn cr ft *W% of ft t+ra =r& fiAniM appse Mrlt Qts l=ieaf W a MOD n dkdiwp i+m Met Monn ual r dtiinps a�iem from d k*RrMd kprfts arMe at a Ale sotto g=W .5 dr Araoni0na 100 yrar• MWIVU n1M Q0 iifrNlWti 1111 90 rat rid **=a DIRD n=2 Ux riIH = 111101 IMBIT "A" AM �3IT "b"*** 1 'd 9511 'ON RIP-Ru n TO COrM TO AB R6RnM ro As TO AM TU CQI=a if SIM* ONI dnWD IIZ MEN 90OZ 'SZ 'SAV RECEPTION#: 20140036274, 07/08/2014 at 09:56:57 AM, 4 OF 16, Angela Myers, Clerk & Recorder, Larimer County, CO DISTRICT OF COLUMBIA Qn this >CC, day of Gwe. 2014, personally appeared before me vilf Contrading Officer who being by me duly sworn, did say that he/she represents the United States Postal Service, and acknowledged to me that; aging under a delegation of authority duly given and evidenced by law and presently in effect he/she executed said instrument as the act and deed of the United States Postal Service for the purposes therein mentioned. SEAL NOTARY PUBLIC My commission expires: RECEPTION#: 20140036274, 07/08/2014 at 09:56:57 AM, 5 OF 16, Angela Myers, Clerk Recorder, Larimer County, CO Grantee: Mooney Enterprises, LLC -,aBy: Its: si�yc4Qln, STATE OF ) ss. ) COUNTY OF ) On this 13 }4day of N , 2014, personally appeared before me L4a� G) /1')0o,&,y= who being by me duly sworn, did say that he/she represents the Mooney Enterprises, LLC, and acknowledged to me that, acting under a delegation of authority duly given and evidenced by law and presently in effect, he/she executed said instrument as the act and deed of the Moomey Enterprises, LLC for the purposes therein mentioned. SEAL N ra, NOTARY P IC TEARY L MP Apt tie. t+1, tOt6 My commission expires: RECEPTION#: 20140036274, 07/08/2014 at 09:56:57 AM, 6 OF 16, Angela Myers, Clerk & Recorder, Larimer County, CO Our OrdW No. PCIF1512= EXHIBIT "A" TO ACCESS EASEMENT MAL DESCMPTIN I LTG lhilq No. P1106126202 f PART OF LUISI 17 AND 19, OBSERVATROY HEIGHTS AND A PART OF THE PARCEL OF LAND DESCRIIED IN DEED RECORDED AUGUST 16,1967 IN BOOK 1388 AT PAGE 156, INTO 8 LARIMER COUNTY CLERK AND RECORDER'S OFFICE, LYING SOUTH OF BOARDWALK DRUB AND BAST OM J.F.K. PARKWAY SITUATE IN THE W 1/2 OF THE NW I/4 AND IN THB W I/Z OF THE SW IN OF SECTION 36, TOWNSHIP 7 NORTH, RANGE 60 WEST OF THE 6TH P.M,. CITY OF FORT COLLINS. COUNTY OF LARIMER, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOIJAWS: CONSIDERING THE WEST LINE OF NW 1/4 OF SAID SECTION X AS WARING N 00' 29' 36" W AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THARET)O 13 CONTAINED WITHIN THE 110UNDARY LINES WHICH BEGIN AT THIS NE CORNER OF THE W 1/2 OF THE SAID SW 1/4, WHICH BEARS N 01 67' 01' B 1373.07 FEET FROM THE W 1/4 CORNER OF SAID SECTION 38 AND RUNS THENCE ALONG THE MAST LINE OF THE W 112 OF THE SAID SW 1/4. S 00' OS' 43' E, 347.50 FEET, TO THE SOUTH LINE OF THE PARCEL OF LAND DESCRIBED IN SAID BOOK I366 AT PACE 1S0: THENCB ALONG SAID SOUTH LING. N 65' 17' 43" W. 350.63 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF JFK PARKWAY; THENCE ALONG SAID EASTERLY LINE OF JFK PARKWAY THE FOLLOWING 4 COURSES AND DISTANCES; N 17' 25' 51' W, 500.07 FEET; AND AGAIN ALONG THE ARC OF A 540.00 FOOT RADIUS CURVE TO THE RIGHT A DISTANCE OF 377.71 FEET, THE LONG CHORD OF WHICH BEARS N 03, IS' 87' W. 274.67 FEAT; AND AGAIN N 10' 56' 57" E, 110.04 FEET; AND AGAIN ALONG THE ARC OF A 15.00 FOOT RADIUS CURVE TO THE RIGHT A DISTANCE OF 27.0E MT, THE LONG CHORD OF WHICH BEARS N 02' 42' U* B, 33.55 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF BOARDWALK DRIVE; THENCE ALONG SAID SOUTHERLY RIGHT OF WAY LINE, S 65' 34' 12" B. SUA7 FBETTO A POINT ON THE EAST LINE OF THE W 1R OF THB SAID NW 1/4; THENCE ALONG SAID BAST UNE. S 00' 17' 32" L 228,25 KW TO THE POINT OF BEGINNING. EXCEPT THAT PARCEL DESCRIBED IN DEED RECORDED JULY 27.2006 AT RECEPTION NO, 10060058547 RECEPTION#:`20140036274, 07/08/2014 at 09:56:57 AM, 7 OF 16, Angela Myers, Clerk Recorder, Larimer County, CO EXHIBIT "B" TO ACCESS EASEMENT RECEPTION#: 20140036274, 07/08/2014 at 09:56:57 AM, 8 OF 16, Angela Myers, Cleric & Recorder, Larimer County, CO EXHIBIT "C" TO ACCESS EASEMENT : UNITED STATES POSTAL SERVICE Agreement of Purchase and Sale w,LLARRY D. MOt]MEY JUDITH J,,MOOM L rr_ _ S M 1). M0Qh= AND BR.tN N. MOOMEY ('Buyer") hereby agrees to purchase the United States Postal Service ("Seller"] Property described as follows: Legal description attached as Exhibit A ("Property") subject to the following terms and conditions. L Price. The put -Won price will be three hundred thousand cloven dollars $311,000.00 . i 2. Deposit.. Upun acceptance of this Agreement by the Seller, Buyer will submit a deposit of $5,000.00 dollars (Flue Thousand dollars] by certified or cashier's cheek shade payable to the Escrow Agent identified in pa ngraplr 11. Escrow Agent will hold this deposit in escrow by prwnlKly Placing the deposit In an htterest-bearing bank account; Escrow Agent will provide the parties with all specific information concerning this account, including bank name, account number, eta. Escrow Agent will apply do deposit toward the purchase price at closing. Escrow Agent will Morn the deposit to Buyer if this Agreement Is tetminatod pursuant to paragraphs 4, 10 or 11. Escrow Agent will forward the deposit to the Seller (at the Seller's option) upon any breach or defiault by Buyer pursuant to paragraph 14. 3. Execution Requhvmeub. Buyer must attach to the Agreement of Purchase and Sale documentary evidence that establishes the authority of the persona) executing die Agreement to bind the Buyer to the terms of this Agreement. As part of the attachment. Buyer must indicate how it operates; e.g., as an individual, partnership, or corporation. r 4. inspection and Condition of Property. j it Seller grants permission to Buyer and its agents to enter upon the Property, subject to notice to and approval by Seller, for One hundred fifty (ISO) csendar days after occepto of this Agreement ("Contingency Removal D&Wo to Investigate every aspect of the conditiat and status of the Property. Including, without limitation, consistency with zoning and use limitations, construction of the improvements, ifany, the existence and/or availability of utility connections. soil and groundwater conditions, the presetsce of underground storage tanks sttd hazardous wastes or substances, and compliance or consistency with permits, spproveis, and applications of or to govermmntal agencies in connection with the Property. Ater conducting any such inspection, Buyer, at its sate experso, shall restore dw Property to the condition that it was In prior to the study unless Seller expressly permits otherwise. Rsr.O3let '•�ri" AS RECEPTION#: 20140036274, 07/08/2014 at 09:56:57 AM, 9 OF 16, Angela Myers, Clerk & Recorder, Larimer County, CO b. Buyer may revoke this Agreement for any reason until 5:00 p.m. on the Contingency Removal Date. Alter that time. Buyer will be dcamed to accept do Property on an "as Is - where le bests in every respect, without recourse, liability, or indemnification of any type f tun the Seller. In no event will a claim be allowed for price reduction or for oscission of the sale based upon the failure of the Property b correspond with the standard expected. '!'ito Seller makes no warranty or representation, express or implied, as to the PropaWs location, condition, size. description, compliance with laws, or its zoning or fitness for any purpose. Plans, title Information, or other documents made available by the Seller are fist informadw purposes only, and no express or implied warranty to mods as to their accuracy. a All reports, studies, and analyses, including environmental audits. ("Reports") obtained or prepared by Buyer relating to the Property shall be conspicuously labeled as a draft. and copies shall promptly be delivered to Seiler. Prior to Closing, Buyer "I »at disclose any Report to any potty except pursuant to applicable statutory or regulatory requirements or the written consent of Seller, provided that Buyer may fUrnish a Copy of the Reports, subject to this nondisclosure agreement, to Buyer's potential mortgagees or investors, or to any consultants who prepare or review a Report. If the sale under this Agreement does not close for any reason, Buyer slull promptly doliver all copies of the Reports to Seiler, which shall become the exclusive property of Seller. d. Seller will provide notice to Buyer ofany asbestos -containing building materials, underground storage tanks, or disposals or releases of hazardous or toxic contamhants or petroleum products, on or from the Property, which are known to Seller. All inibrmatian and documents provided by Seller, which are without warranty of any kind whatsoever, are subject to the nondisclosure requirements of'(4.c, and all copies shall promptly be returned to Sailor if due transaction under this Agreement Ails to close for any reason. S. Notices. Any notice required herein will be effective if given in writing and delivered personally, or sent by certified. raglatwed, or USPS Express Mail, to the receiving party at the mailing addresses contained berein. Notice by the Seller of acceptance or rejection of the Agreement will be given within thirty (30) calendar days ft+om the Agreemeds date of receipt. Processing of the Buyer's deposit will not, in itself, constitute acceptance. Failure by the Sailor to respond will constitute rejection. Buyer authorizes the Seiler to obtain its credit history fkornt a consumer or other credit-reporting agency, and tuxler'stands that the infatuation may be considered in the evaluation of this Agreement. 6. General provislons. The Agreemot of Purahaw and Safe includes all terns and conditions of the transaction, and supersedes all oral negotiations arid prior writings. The Agreement may only be modified by a written document signed by both parties. Any assignment by Buyer of an interest under the Agreement without the consent of the Seller will be void. Rights, interests, and obligations of the parties are binding on their successors and assigns. 7. Title. The property will be convoyed by Speclal/Umlted Warranty Deed, or such lesser Deed as the Seller may hold. Title will be subject to all existing easements, Covenants, c4murnbrattow, ; and interests of others, inchrding, but not limited 1% rights of way for streets, roads, highways, atv.0504 RECEPTION#: 20140036274, 07/08/2014 at 09:56:57 AM, 10 OF 16, Angela Myers, Clerk 6 Recorder, Larimer County, CO milroods, pipollnes and puble utilities. whether or not matters of public woord, tot arc not : objected to by Buyer by the Contingency Removal Date. The instrument of conveyance soil ; specify the Grantee and how tide is to be hold Joint tenants6 tenants in common, etc.) as: 8. intentionally Deleted 9. Other Provision& a. if the Property, in whole or In part, cootains wetlands or Is located in a 100•year floodplain, the iu*n meat of conveyance must reference sans and state that the Property may be restricted in use pursuant to fWal, state, or local wetland and/or iloodplain regulations. 10. Risk of ion before Closing.. Except as caused by orlon or omissions of Buyer, its employes. agents, or contrretors, the Seller will remain liable until closing for damage or destruction to the Property caused by fire or other amity, but will have no obligation to repair the building(s) or any part damaged or dW*yed. If the Seller does not repair the Property to its prior condition, Buyer's sole remedy will be a mutually agreed upon adjustment of the purchase price. If an adjustment cannot be agreed upon, either party may terminate this Agreement without liability. 11. Closing. The parties name Security Titie as Escrow Holder or Closing Agent rEscrow Agent"). Closing will occur on a mutually agreeable Closing Date, not later then one hundred sixty (160) calendar days after acceptance of this Agreement, or such longer period as may be agreed upon by the parties in writing. At ClWt g. the Escrow Agent will tenter to the Seller the balance of the p achess price by Escrow Agent's certified or cashier's clack, and, at Buyer's option, provide to deed to Buyer or record the deed In accordance with local law. If the deed Is provided to Buyer. Buyer must ensure tot It is properly recorded, and provide the Seller with a copy of the recorded deed, within three (3) wdendar days of the closing Date. Buyer at Closing will assume possesalon of tho Property. As of the Closing Date, Buyer will assume all obligations and liabilities of ownership, including, but not limited to, responsibility for maintenance, utility procurement and payments, taxes and assessments, and for personal Injury, property damage, or loss or damage of any type relating to the Property. 12. Costs. a. Regardless of local aonveatlon, sad except for one-half of the &crow Agent's fee, Buyer agrees that the Seller will not be obligated to pay for any costs incurred relating to this tmaaaetlon, including, but not limited to, title evidenceJlasurance and costs, property sarvoys, Insurance of any kind, taxes, recording foes, or envh4Mn atai asssamenb, which cats will not be credited towards the purchase prim b. Buyer and Seller kksntify NAI Realteo as the Listing Broker and Z fl Group, Inc. as the Selling (Cooperating) Broker. At closing. Closing Agent shall pay Listing Broker a sum in accordance with NAI contract. (h caw. WM RECEPTION#: 20140036274, 07/08/2014 at 09:56:57 AM, 11 OF 16, Angela Myers, Clerjc i Recorder, Larimer County, CO c. &A If escrow does not close, no eottamtssion shall be paid.. j#4 13. Iademaltication. Buyer will hW mnliy the Seller Pot all cOd4 oss, damage, liabllby, or claims of wbatever nature (gnehtdbtg Wo fa debnding agdrm such claims or in enfbroing this Indemnity) arising out of my eats or omissions by Buyer, its employees, agents, or contractors relating to ibis Property or transaction. 14. Gowraing law. This Agreement *411 be governed and lnterprdtal in accordance with federal law. I& Debult. This provision does not limit any obligations or indemnities of the parties contained elsewhere in this Agreement sw. W a, in the event the Sala of the Property does not close as provided heroin because of a debult of Buyer, including die Buyer delaying closing Ix any reason, unless the delay Is Agreed to in writing in advance by the Postal Services, Sailor may terminate all rights of Buyer to purchase the Property, and Agent dull forward the Deposit to Seller, and Seller shall receive and retain the Deposit as liquidated and agreed upon damages as Seller's sole ramedy for such debult. Buyer and Seller understand the impracticality and diflgaulty of ffxing Seller's actual damages in the event of such debult, and that the parties dwafbre"that the Deposit represents a reasonable cstirnate of the actual damages which Seller would Incur. b. In the event of debult by Seller. Agent shall return the Deposit to Buyer. Under no elroumstanese darn Buyer be entitled to actual, special, or consequential damages. 1 including, but not limited to, andolpstad profits. 4 RECEPTION#: 20140036274, 07/08/2014 at 09:56:57 AM, 12 OF 16, Angela Myers, Clark b Recorder, Larimer County, CO I IN WITNESS HEREOF, this seal is at this 29* day of September, 2005, (Corponft ad) BUYBR'S NAME: Larry D. Moomey, Judith J. Moomey, Justin D. Moomey and Erin N. MOOn10, and/nr A"Inne By: Title.. Partner Partner Addnm: 4495 Ridgway Drive, i ovaiaW, CO 80538 Phone: 970-612-0363 Fax: 970-612-0363 ACCEPTANCE AY THE UNITED STATES POSTAL SEERVICE Date: 10 ` i 1 - rr By: AWm Title: AKatinsofflow 5 i; ffiz- RECEPTION#: 20140036274, 07/08/2014 at 09:56:57 AM, 13 OF 16, Angela Myers, Clerk & Recorder, Larimer County, CO N1 rzxhtblt "A" AUG.25.2004 12:19PM SECURITY TITtE_FTCOI NO. 1772—P. T""—'DaD""T the ""*Q l WNP Ms w d� M b$W nuttIm Al an MW &aft bra ow and lioI'm n on 0 -1 Piwrdabd &314et br 1wClt i Co dadted het�b and bbidlt kiaoowdenboiwAltlllb�m Qa�aMontttattfi0 daletWDtt tttrewaa a� oud ��++ that dtd nOt da�abp a p or MW wW IriotaaM in dw waierieblo @tet � Utt>NS som eyaletn. Nih♦ wrnNhaQanNa ttv�p■Ias lteibwa�av�oNltnr andom rnaftrwIn Moto r oft b pufall ft wwobw ap letbt& in fhN dlaratlon Of 00 MW . to LMM has ft Opr01i of �Ilf SIN Ea�lldf� 1� ao0otdatNya WNh PanOnlph 4 brlo � '1'h0 PaNaa dire iM11tlM Qta�e, ib N000aeeots and ai�w dWl be ta,ponrlbMrlbrtr aM npabat2w iaeenwlt Ataa. rft kCkdo but b nol robed bthr vnraNr"a q sutpnwd and?acll ift aid OW and as avers l+ebbd ttlar+ela. iuCtt rtwtAonraa and trpdra alnll>t�a�i but sa not tltd0ed d datsle at Ih. weM, ' RM A � a11d mmwm oral auaed bytha USpr a Wdw dib d! thr tractibrnratfinanoa or b 4, USPS M Nrv.i ttw tlpht b un the eawow d Ams for OW qxft trot o M m s N�.r4 wlhft ilplMe hash palled, o mv&-- „Nv,wa 4b dwstlon dfils ntlo P� the Uwe, Ne w and the pubb dh aaigrwaland uuUrMertwpMd aooetMto rie Now Pow, lnft rm t t�eanles ide b Oiaokb aonpnwi ana un4Mlmipted ""m to 00 PON r.�y. the iMB ba t11a of lotrlgtWrgnq tAy bypmAftwftnrmft b to Q mft -1 the -- nowof EaNttlaf� to te�n�leled 1lt no owt b USP$, UpoA 'now Bald u bs G�aAlae hae AMr (� k4kow dep io +a Omb aNYaQott. 'now await clubs son=14 ale PMW FatyororMWAN tamedy ttp dbOm w tih QIS 6 . ae ow �Y - timana u w Ee■w� rldNdWMhmWwdjm dphte lwrmdor, and a�Mw. soli comwin ant► potdon a(� tennineKon arllr d■�, ow"{3falteA'a aooMe. >r b ttla OWOMM R Mditd pear% ®nmwm QM*rvhd Indlondhrand held hwmieaa ft UMnft I= d ob me. bwa, denrp� aWlOtla, oattiaa dsogon, _ ; � dalhl� wft allota, o wlow" =Uft i �aoOw1, ate. hbtt> "aft@ 1 am on cc WWOU Worm"" by m ewpbm of awwa Whb YAM the eoepaof hb ahorsepbPMS. WWWdwraftim waft amwrl.1[a 1advm yonon. rradd to mb hl a= dwm VA to wa of ft oft of cdotado. t lbtepo 6 GM*r" bs wdw to abIDWO b hold hmdm Ud Gnnba, tb WOrim or eQe % In any Wsy ftar s 7 -1 //l 1 'AU RECEPTION#: 20140036274, 07/08/2014 at 09:56:57 AM, 14 OF 16, Angela Myers, Cleric i Recorder, Larimer County, CO w EXHIBIT "D" TO ACCESS EASEMENT R�i:�:��e� A PORTION OF THE NORTHWEST ONE -QUARTER OF SECTION 36, TOWNSHIP 07 NORTH, RANGE 0 WEST OF THE Gib PM, CITY OF FOKr COLLINS, COUNTY OF LARUM STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: 344I118 OF BEARING; THE WEST LINE OF SAID NORTHWEST ONF.QUARTER, IS ASSUMED TO HEAR N00'ZV "W. WITH A DISTANCE OF 2*14.34 TEST BETWEEN SAID MONUMPM. COMMENCING AT THE WEST ONE -QUARTER CORNER OF SAID SBCTION 36; THENCE N00VWW, ON SAID WEST LINE, A DISTANCE OF 146.25 DEBT; THENCE NN'3n4"E A DISTANCE OF 774AO FEET. TO A POINT ON THE EASTERLY RIGHT OF WAY OF JPK PARKWAY AND THE FOWr OF UGNINMIO; THENCE NWI 11rE A DISTANCE OF 21.39 FEET. TO A POINT OF NON -TANGENT CURVATURE; - THENCE ALONG THE ARC OF A CURVE TO THE LEFT WHOSE RADIUS POINT BEARS NOP014"E. HIVING A RADIUS OF 23.07 F88T, A CENTRAL ANGLE OF 731422" AND AN ARC LENGTH OF 29A2 FEET, TO A POINT OF NON -TANGENCY; TIiENCE WIPIT14M A DISTANCE OF 19.44 FEET TO A POINT OF NON -TANGENT CURVATURE; - THENCE ALONG THE ARC OF A CURVE TO THE RIGHT WHOSE RADIUS POINT BEARS S76'21'11YE, HAVING A RADIUS OF S7.06 PEST. A CENTRAL ANGLE OF 26OWS7" AND AN ARC I.== OF 2S.91 FEET, TO A POINT OF NON -TANGENCY; THENCE 51702OWS A DISTANCE OF 27.21 FEET, TO A POINT OF NON-TANOE NT CURVATURE; THENCE ALONG THE ARCOP A CURVE TO THE LEFT WHOSE RADIUS POINT BEAM S66'27'46"E. HAVING A RADIUS OF 46.42 FEET. A CENTRAL ANGLE OF 2303214" AND AN ARC LENGTH OF 19.07 PEST, TO A POINT OF NON TANGENCY; THENCE SWITICIL A DISTANCE OF 2.92 FEET, TO A POINT OF TANGENT CURVATURE; THENCE ALONG THE ARC OF A CURVE TO 114E Lkl: r HAVINU A (%WMAL ANIiLL OF ISS'1039'. A M[IUS OF 4.00 FEET, AN ARC LENGTH OF 7.34 FEET, AND A CHORD BEARING OF 3S4 2 44"E TO A POINT OF TANGENT; THENCE N72'3 irg, A DISTANCE OF 6.10 FEET; THENCE S I r20'S0 k A DISTANCE OF 2R72 FEET; THENCE 57949"J,H'W A DISTANCE OF 80.17 FEET TO A POINT OF NON -TANGENT CURVATURES AND THE EASTERLY RIGHT OF WAY OF JFK PARKWAY; THENCE CONTINUING ON SAID EASTERLY RIGHT OF WAY OF JFK PARKWAY ALONG THE ARC OF A CURVE TO THE RIGHT WHOSE RADIUS POINT BEARS N79034'3Y'i+, HAVING A RADIUS OF 360.SO FEET. A CENTRAL ANGLE OF 03'23'3S" AND AN ARC LENGTH OF 33.17 FEET TO THE POWr OF UGIPIN G. CONTAINING A CALCULATED AREA OF 0.073 ACRES. I. MICHAEL S. BRAKE, A ©OLORADO LICENSED PROFESSIONAL ENGINEER AND LAND SURVEYOR. DO HNOW STATE THAT THE ABOVE LEGAL DESCRIPTION RECEPTION#: 20140036274, 07/08/2014 at 09:56:57 AM, 15 OF 16, Angela Myers, Clerjk Recorder, Larimer County, CO 3 + ' WAS PREPARED UNDER MY RESPONSIBLE il7THE BASIS OF MY KNOWLEDGE, INFORMATION, AND BEUW„ a ; COLORADO MPLS NM 28M FOR AND ON THE BEHALF Of A MINEERINO LM Tin LEGAL DUCWTION DOE= NOT CONSM E A TITLE UARCH SY JR ENORd== TO 09T8kMR40WIMII W a TNM TRACTOR VW" EAUMI NM OF ==tD. JR IWCOMU IO AND THE SMVI OR OI ROMW ASK*Mi ND LUWONSMRJTY FM OWNLRUW AMM OR EXWMO EASEMENT MOIRE AND PJX0M VM CONWLTA7W WITH AN ATTORNEY. RECEPTION#: 20140036274, 07/08/2014 at 09:56:57 AM, 16 OF 16, Angela Myers, Clerk•b Recorder, Larimer County, CO y twMNM MEST CORNER SEC. 30-T7N-R09w rom 2-1/2" MAU CAP STAMPED 'LS 14823 19W t Loy i t UMA 11SUAO PLAZA t 2W EIIEMV= i ACCE S EASEMENT i t 1 i &26'00'57" 1 t ' R-57.06' L-25.91' i CH-23.69' 1g SK CO N26'39'10"EAm 'r'�Y rN, `1 &23'32'14" I ;x .:. 1 �► R-46.42' dr73'34'22"'- t t-19.07' i R-23.07' +wd'I CH-18.94' t L-29.62' ^ ` ' CB St 1046'07"w t CH-27.53' S02'1T14"E C8 N54 55'23"E 2.92' N 72'31'47"E PONT OF F` �6.10' 8E6M1liNIG r , 1 .{�1QS'1�0'89"k 774.69' 9' S 1�1A:Qt3 k' 1 N89'30'24"E N8$'11'32 E ,:7,?'1. r so r� _ 8"UTIUTY EASEMENT REC. NO. a6012669 ..Wau STAUS POSTAL rE UCII PART )f LOTS 17 «19. COURVATORY H(WS z ce - /WINT T as w0j"em WEST QUARTER CORNER COCOA= 17. 2D13 SEC. 30-77N-ROOM St4EEi i Of 1 FOUND 3" BRASS CAP ` SET INCONC. 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C01►'1WWR3NG AT THE WEST QUARTER CORNER OF SAID SECTION 36., TASNCE N75°45261119, A DISTANCE OF 860.45 FEET, TO TIM POINT Ole BEGnewfol THENCE Nf7 l922"W, A DISTANCE OF 10.00 FEET; THENCE N72040380B, A DISTANCE OF 35.52 FEET; THENCE S17°1922" E, A DISTANCE OF 10.00 FEET; THENCE S7r40'33"W, A DISTANCE OF 35.52 FEET, TO THE POIIV'I' OF BEGINM NG; CONTAMNG A CALCULATED AREA OF 3SS SQUARE FEET_ I. CHAD R. WASHBURN, A LICENSED PROFESSIONAL LAND SURVEYOR IN THE STATE OF COLORADO, DO HEREBY STATE THAT THE ABOVE LEGAL DESCRIPTMN AND ATTACHED EXHIBIT WERE PREPARED UNDER MY "SPONSM E CHARGE AND ON THE BASIS OF MY KNOWLEDGE, INFORMATION, AND BMIEF, ARE CORRECT. �.,..®ft- COLORADO PLS NO.37963 FOR AND ON TIM BEHALF OF A ENGIlVEE NO MC 2620 EAST PROSPECT ROAD, SUM 190 FORT COLD Nk CO. 80525 rfiJSMWD£WAfP7WWD0aWTCaysMMA nlfL6sEMNAM DQJHaMAU 1VV&7aKwlA' 0#WMW1P or"MnWTOJt Pi'AJFY9LfJ4 MGFAWRa A JSJ ONTU M MO TNMRIGtRVJiJt R0FIC=pD.tMAd0JV0 AuroxmIl"MR AWATrONW. x�u4w000.��ro�ua nworeu�+u�+moowu.aoe Iur Jnnun 117 VJM:7. Q607. '4T.'8ny RECEPTION#: 20140036274, 07/08/2014 at 09:56:57 AM, 1 OF 16, R $86.00 TD Pgs: 0 AngeJ.a Myers, Clerk & Recorder, Larimer County, CO SHARED ACCESS EASEMENT THIS ACCESS EASEMENT (the "Easement") dated this 3o day of 2%irit.- 20lAis entered into by and between the United States Postal Service ("Grantor"), an independent establishment of the Executive Branch of the Government of the United States (39 U.S.C. § 201), whose address is 475 L'Enfant Plaza SW, Room 6670, Washington, DC 20260-1862 (the "USPS"), and Moomey Enterprises, LLC, a Colorado limited liability company, whose address is 4495 Ridgeway Drive, Loveland, CO 80538-6297 ("Grantee"). RECITALS WHEREAS, Grantor is the owner in fee of property situated and referred to as the Fort Collins Post Office, 301 Boardwalk Drive, City of Fort Collins, State of Colorado, and legally described in Exhibit "A" attached hereto and made a part hereof by this reference (the "USPS Facility"); WHEREAS, Larry D. Moomey, Judith J. Moomey, Justin D. Moomey, and Erin N. Moomey (collectively the "Moomeys") and/or Assigns, entered into a United States Postal Service Agreement of Purchase and Sale dated October 31, 2005 (the "Purchase Agreement") whereby Grantee, as the Assignee of the Moomeys, purchased from the USPS excess land at the USPS Facility, legally described in Exhibit "B" attached hereto and made a part hereof by this reference (the "Excess Land"). A copy of the Purchase Agreement is attached hereto as Exhibit=C" and incorporated herein by this reference. Exhibit "A" to the Purchase Agreement shows the map of the access Grantee was to obtain onto the USPS Facility to and from the Excess Land; and WHEREAS, in consideration of the sum of Fourteen Thousand, Fifty and No/100ths U.S. Dollar (U.S. $14,050.00), the mutual promises and agreements contained herein, and other good and valuable consideration, the receipt and sufficiency which are hereby acknowledged, the USPS and Grantee agree as follows. AGREEMENTS Recitals• The foregoing recitals are incorporated herein by this reference. 2. Grant of Easement. Grantor hereby grants and conveys to Grantee, its successors and assigns, a perpetual, non-exclusive easement in, over, upon, under, and across a portion of the USPS Facility for the purpose of ingress to and egress from the Excess Land. The portion of the USPS Facility that is the subject of the Easement is legally described and depicted on Exhibit "D" attached hereto and incorporated herein by this reference (the "Easement Area"). 3. Maintenance and Renair. The Parties agree that Grantee shall be responsible for maintenance and repair of the Easement Area and any and all costs related thereto. Such maintenance and repairs shall include, but are not limited to, repair, snow removal of the street, landscaping, grading, paving, and removal of all trash and debris notwithstanding the fact that the need for maintenance or repair is caused by the Grantor's exercise of its rights under this Easement. In the event Grantee f#ils in its responsibility to maintain and repair the Easement AVO/ ZiWA,&& t5wh�� RECEPTION#: 20140036274, 07/08/2014 at 09:56:57 AM, 2 OF 16, Angela Myers, Clerk 6 Recorder, Larimer County, CO Area as set forth above, upon reasonable notice and opportunity to cure, Grantor shall have the right to perform such maintenance or repair, and shall further have the right to recover its costs from Grantee, their respective heirs, successors and assignees. 4. USPS Reserved Rights. Grantor reserves the right to use the Easement Area for any purpose not inconsistent with the rights herein granted. Grantee agrees that throughout the duration of this Easement to provide Grantor, its employees, customers, and the public with continual and uninterrupted access to the USPS Facility. In the event Grantee fails to provide continual and uninterrupted access to the USPS Facility, Grantor has the option of terminating this Easement by providing written notice to Grantee that Grantee has One (1) day to remedy the situation. In the event Grantee fails to provide access to the USPS Facility or otherwise remedy the situation within such period, as solely determined by Grantor, this Easement shall terminate and all rights hereunder, and any improvements remaining m the Easement Area, shall revert or otherwise become the property of Grantor. Upon termination of the Easement, Grantee shall restore any affected portion of the Easement Area to the condition it existed prior to Grantor's grant of this Easement. 5. USPS's Indemnity. Grantor shall indemnify and hold harmless Grantee from all claims, losses, damages, actions, causes of action, expenses, and/or liabilities resulting from the use of the Easement Area by Grantor whenever such claims, losses, damages, actions, causes of action, expenses, and/or liabilities arise from the negligent or wrongful act or omission by an employee of Grantor, while acting within the scope of his or her employment, under circumstances where Grantor, if a private person, would be liable in accordance with the laws of the State of Colorado. Notwithstanding the foregoing, Grantor shall be under no obligation to hold harmless and indemnify Grantee to the extent that any negligent or wrongful act or omission by Grantee, its employees or agents, in any way causes or contributes to such claims, losses, damages, actions, causes of action, expenses and/or liabilities as defined in accordance with the provisions of the Federal Tort Claims Act, 28 U.S.C. 1346 § (b) and §2671, et sea. 6. The Grantee, on behalf of itself, its agents, servants, employees, urvitees, and contractors who may at anytime use, ooaupy, visit, ormaudain said BorderEaseme t herein awted, agrees to a canply with applicable Ocarpat aW Safety and Health Standards, title 29 Code of Federal Regulations (CFR) (including but not limited to Parts 1910 and 1926), prnnmlgawd pursuant to the authority of the Ocwpatiorual Safety and Health Act of 1970 b. carriply with any other applicable federal, staoe; or kcal regulation governing workplace safety tothe extent they are not in conflict with a; and, a take all other proper p=a&ns to protect the huM and safety of L any laborer or mecdrnric employed by the C=fte in performance of this agreerrxM ii. Postal Service employees; and, K the public. 7. Grantee' Indemnity. Except as set forth in Section 5 above, Grantee shall hold the USPS harmless, and shall defend and indemnify the USPS, from any and all claims, losses, damages, injuries, causes of action, expenses, and/or liabilities resulting from Grantee' use of the Easement Area, winch includes, but is not limited to, Grantee' use or maintenance of the USPS RECEPTION#: 20140036274, 07/08/2014 at 09:56:57 AM, 3 OF 16, Angela Myers, Clerk 6 Recorder, Larimer County, CO Facility. The USPS shall not be responsible for damages to the property or injuries to the person of others who may be on the USPS Facility at Grantee invitation. 8. Covenants Running with the Land. All provisions of this instrument, including the benefits and burdens, are deemed to be covenants running with the land and are binding upon and inure to the benefit and burden of the parties hereto and their respective successors and assigns. 9. Upon termination of the Easement, Grantee shall restore any affected portion of the property to the condition it existed prior to Grantee's access. 10. The Grantor does not warranty that the Easement Area is suitable for the purposes stated herein and Grantee hereby waives any express or implied warranty on the part of Grantor. Grantor has no knowledge of subsurface conditions and makes no representations as to soil types, existence of underground utilities, or any other latent conditions that may impact Grantee's use and enjoyment of said Easement. 11. This Easement is granted subject to any and all restrictions, covenants, other easements, encumbrances, liens of any kind, leases, and interests of others, including rights of way for roads, pipelines, railroads, and public utilities, whether or not matters of public record. 12. Interference. The Grantor reserves the right, however, to use the Easement Area for any purpose not inconsistent with the rights granted herein. The Grantee agrees throughout the duration of this Easement to provide the Grantor, its employees, customers, and the public with continual and uninterrupted access to the Grantor's Parcel. In the event the Grantee fails to provide continual and uninterrupted access to the Grantor's Parcel, the Grantor has the option of terminating this Easement by providing written notice to the Grantee that the Easement is terminated at no cost to the Grantor. Upon receipt of said notice, the Grantee has one (1) business day to remedy the situation. In the event the Grantee fails to provide access to the Grantor's Parcel within one (1) day, said notice of termination shall become final and the TCE is terminated. 13. Claims and Controversies* Applicable Law. Any claim, controversy, or dispute arising out of this Easement shall be governed by applicable federal law. 14. Recordation. This Easement shall be recorded by Grantee.