HomeMy WebLinkAboutREDTAIL - Filed ED-EASEMENT DEDICATION - 2016-05-20FCHA
FORT COLLINS
HOUSING AUTHORITY
September 10, 2013
Jason Holland, City Planner
City of Fort Collins
281 N. College Avenue
Fort Collins, CO 80522-058
Re: Redtail Ponds Permanent Supportive Housing Off -site Easement.
Dear Mr. Holland
In accordance with the Project Development Plan (PDP) checklist, please accept this letter and
attached recorded easement (Reception#: 20130067752) as verification that the required off -
site easement has been met.
Please feel free to„contact me should you require additional information or documentation.
Sinc re ,
Ch Brick Martir
Di ctor of Dev
Enclosure:
iARECEPTION#: 20130067752, 09/04/2013 at 08:27:45 AM, 1 OF 7; R $41.00 TD Pgs: 0
Angela Myers, Clerk 6 Recorder, Larimer County, CO
GRANT OF EASEMENT AND AGREEMENT
THIS GRANT OF EASEMENT AND AGREEMENT is made and entered into this
�04,,—�alay of August, 2013, by and between PRESTITO, LLC, a Colorado limited liability
company, the ,address of which is 6400 Rabbit Mountain Road, Longmont, CO 80503 ("the
Grantor'o, and REDTAU, PONDS PERMANENT, SUPPORTIVE HOUSING, LLLP, a
Colorado limited liability limited partnership, the address of which is 1715 West Mountain
Avenue, Fort Collins, CO 80521 ("the Grantee").
WITNESSETH:
WHEREAS, the Grantor is the owner of the real property in the City of Fort Collins,
County of Larimer, State of Colorado, legally described as follows ("Tract I")
Tract 1, REDTAIL, Accordung ' to the plat recorded I
August 9, 2606 at Reception no, 20060060078 of pa: ; f
the Records of Larimer County, City of Fort
Collins, County of Larimer, State of Colorado. J�1
WHEREAS, the Grantee is the owner of the real property in th City of Fort Collins,
County of Larimer, State of Colorado, legally described on " ttached hereto and
incorporated herein by reference ("the Grantee's Property").
WHEREAS, the Grantor is willing to grant to the Grantee an exclusive, perpetual
easement over, across, and upon Tract I for the construction, installation, maintenance, repair,
improvement and use of a storm water quality and detention pond ("the Detention Pond") to
detain and purify storm water runoff from the Grantee's Property.
NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of
which are hereby confessed and acknowledged, the Grantor, for itself and its successors and
assigns has granted, bargained, sold, and conveyed, and by these presents does hereby grant,
bargain, sell, convey, and confirm unto the Grantee, its successors and assigns, forever, an
exclusive, perpetual easement over, across and upon Tract I for the construction, installation,
maintenance, repair, improvement and use of the Detention Pond to accept, detain, purify and
release storm water runoff from the Grantee's Property and historic storm water runoff from
upstream properties, subject to the following terms, covenants, conditions and restrictions:
1. Improvements. The Grantee shall have the right and obligation to construct,
ins -tall, maintain, repair, improve, remove, and replace a wall or walls made of concrete or other
impervious substance along the boundaries of Tract I. The Grantee shall also have the right but
not the obligation to install, maintain, repair, improve, remove and replace an impervious liner
and/or plant, maintain and replace grass, trees, shrubs, and other landscaping within Tract I. No
improvements shall be made to Tract I until the plans and specifications for such improvements
have been approved by the Grantor, which approval shall not be unreasonably withheld,
conditioned, or delayed.
1. :1 :. .
8-26.13- v.1
2. Maintenance of Tract I. The Grantee, at its sole cost and expense, shall maintain,
repair and replace all improvements and landscaping constructed and/or installed within Tract I
by the Grantee, in good condition and repair at all times. In the event the Grantee fails to
maintain any improvements or landscaping within Tract I, the Grantor shall give to the Grantee
written notice of the maintenance required to be performed by the Grantee, and if such
maintenance is not completed within thirty (30) days after notice of the required maintenance is
given to the Grantee, the Grantor shall have the right but not the obligation to perform such
maintenance and repair and shall be entitled to reimbursement from the Grantee for all costs and
expenses incurred by the Grantor in performing maintenance or repair work within Tract I upon
demand, together with interest on such amounts at the rate of twelve percent (12%) per annum
from the date incurred by the Grantor until repaid by the Grantee.
3. Real Propqgy Taxes. The Grantee shall reimburse the Grantor for real property
taxes and assessments made against Tract I within thirty (30) days after receipt by the Grantee of
a copy of the tax notice received by the Grantor, together with Grantor's computation of the
amount owed by the Grantee.
4. Mechanic's Liens. The Grantee shall pay all costs and expenses ,incurred as a
result of any work performed within, upon or under Tract I by or at the request of the Grantee
and shall indemnify and hold harmless the Grantor and Tract I from and against any and all loss,
cost, or expense including attorneys' fees arising out of, as a result of, or in connection with any
work performed within or upon Tract I, by or at the request of the Grantee. In the event of the
filing of a mechanic's lien against Tract I as a result of any work performed by or at the request
of the Grantee, whether such work is performed within Tract I or on the Grantee's Property, the
Grantee shall obtain the release of Tract I from the mechanic's lien within thirty (30) days after
the mechanic's lien is recorded in the office of the Clerk and Recorder of Larimer County,
Colorado. In the event the Grantee fails to obtain the release of Tract I from such mechanic's
lien within thirty (30) days as herein required, the Grantor shall have the right but not the
obligation, to obtain the release of Tract I from the mechanic's lien without regard to the validity
thereof and in such event, the Grantor shall be entitled to recover from the Grantee upon demand
all costs and expenses, including attorneys' fees incurred by the Grantor in obtaining the release
of Tract I from the mechanic's lien, together with interest on all amounts paid by the Grantor at
the rate of eighteen percent (18%) per annum from the date advanced by the Grantor until repaid
by the Grantee.
5. Assumption of Risk. The Grantee accepts Tract I in their present condition, as is,
where is, with all faults, patent and latent, without any representations or warranties whatsoever
by Seller or Seller's agents. The Grantee assumes all risks associated with Tract I including, but
not limited to, risks arising out of the environmental condition of Tract I; the nature of the soils
thereof; utility extensions and services; easements, rights -of -way, encroachments and other title
matters; access to Tract I; land use restrictions and regulations applicable to Tract I; the
suitability of Tract I for the Grantee's intended use; and all other matters relating to Tract I.
Grantee acknowledges that neither the Grantor nor any of Grantor's agents have made any
representations or warranties whatsoever regarding Tract I, and the Grantee agrees that if the
Grantor, or any of the Grantor's agents, have provided any documents or reports or made any
8-26-13- v.1 2
representations whatsoever regarding Tract I, the Grantee shall not rely directly or indirectly
upon any such documents, reports or representations. Grantee assumes all risk that any adverse
matter of whatever kind or nature including, but not limited to, physical and environmental
conditions of Tract I may not be known by the Grantee or revealed upon inspection and
investigation of Tract I by the Grantee.
6. Release. The Grantee hereby releases the Grantor from any and all claims,
demands, actions, suits, and proceedings of whatever kind or nature that the Grantee may now
have or may have at any time in the future arising out of or as a result of the present or any future
condition of Tract I.
7. Insurance. The Grantee shall at all times maintain a policy or policies of liability
insurance in the minimum amount of $1,000,000, naming the Grantor as an additional insured.
The policy shall provide that it may not be cancelled without thirty (30) days prior written notice
of cancellation given to the Grantor. The Grantee shall provide a copy of the policy to the
Grantor, together with copies of all extensions or renewals of the policy. In the event the
Grantee fails to obtain and/or maintain the insurance herein required, the Grantor shall have the
right but not the obligation, to obtain such insurance and shall be entitled to reimbursement from
the Grantee upon demand for all costs and expenses incurred by the Grantor in obtaining such
insurance, together with interest on the premium at the rate of eighteen percent (18%) per annum
from the date paid until reimbursed by the Grantee.
8. Appurtenant. This Easement shall be appurtenant to the Grantee's Property and
may not be sold, transferred, or conveyed separate from the transfer and conveyance of the
Grantee's Property. The Easement herein granted shall not be appurtenant to any land that may
hereafter come into common ownership with the Grantee's Property or that is contiguous to the
Grantee's Property. If the Grantee's Property is subsequently divided into two or more parcels
by separation of ownership, condominiumization, or lease, all such parcels shall enjoy the
benefits of and be subject to the burdens of this Easement.
9. Warranties of Title. The Grantor represents and warrants to the Grantee that the
Grantor is the owner of Tract I free and clear of liens and encumbrances and has full right, power
and authority to grant this Easement and shall warrant and forever defend title to Tract I against
any person or entity claiming by, through or under the Grantor, subject to easements and rights -
of -way in place or of record; restrictions, reservations, exceptions, covenants, conditions, and
agreements of record; real property taxes for the year 2012 and subsequent years (Grantee shall
pay all of the 2013 real property taxes when they come due.); and inclusion of Tract I in any
special taxing district.
10. Conveyance. Within thirty (30) days after the issuance of a certificate of
occupancy for a permanent supportive housing project on the Grantee's Property, the Grantor
shall transfer and convey Tract I to the Grantee by Bargain and Sale. Grantor shall not record
any liens or encumbrances against, nor grant any easements over or across, Tract I subsequent to
the recording of this Grant of Easement.
8-26-13- v.1 3
11. BindingEffect, ffect. The benefits and burdens of this Easement shall run with the land
and shall be binding upon and inure to the benefit of the parties hereto and their respective
successors and assigns.
IN WITNESS WHEREOF, the parties hereto have executed this Grant of Easement as of
the day and year first above written.
PRESTITO, LLC, a Colorado limited liability
company,
i
Manager
REDTAIL PONDS PERMANENT SUPPORTIVE
HOUSING, LLLP, a Colorado limited liability
limited partnership
us
General Partner
8-26-13-v.1 4
11. Binding Effect. The benefits and burdens of this Easement shall run with the land
and shall be binding upon and inure to the benefit of the parties hereto and their respective
successors and assigns.
IN WITNESS WHEREOF, the parties hereto have executed this Grant of Easement as of
the day and year first above written.
PRESTITO, LLC, a Colorado limited liability
company,
Manager
REDTAIL PONDS PERMANENT SUPPORTIVE
HOUSING, LLLP, a Colorado limited liability
limited partnership
,,
By:
General Partner
8-26-13- v.1 4
STATE OF COLORADO )
ss.
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me this K.� day of August,
2013, by as Manager of PRESTITO, LLC, a Colorado limited liability
company.
Witness my hand and official seal.
,t pUB�/C
q� gas ��•' •
My commission expires: � 20: P. 16.
Notary Public
STATE OF COLORADO )
)ss:
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me this day of August, 2013
by as General Partner of REDTAIL PONDS PERMANENT
SUPPORTIVE HOUSING, LLLP, a Colorado limited liability limited partnership.
Witness my hand and official seal.
My Commission Expires:
Notary Public
8-26-13- v.1 5
STATE OF COLORADO )
ss.
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me this day of August,
2013, by as Manager of PRESTITO, LLC, a Colorado limited liability
company.
Witness my hand and official seal.
My commission expires:
Notary Public
STATE OF COLORADO )
)ss:
COUNTY OF LARIMER )
The forego g instrument was acknowledged before me this � day of August, 2013
by �,jyo, J , h rriJPnc, as General Partner of REDTAIL PONDS PERMANENT
SUPPORTIVE HOUSING, LLLP, a Colorado limited liability limited partnership.
Witness my hand and official seal..
My Commission Expires: VC AO/ jp
Notary Public
8-26-13-v.1
5
WTARY
`e,-Kv
PUBLIC