HomeMy WebLinkAboutHOUSKA AUTOMOTIVE REPAIR LOT 1 - Filed OA-OTHER AGREEMENTS - 2016-09-07PRIVATE ACCESS EASEMENT AGREEMENT
This Private Access Easement Agreement ("Agreement") is entered into effective as of
the date last signed below by Houska Outfall, LLC, a Colorado limited liability company
("Houska Outfall"), and D & N Houska Family LLC, a Colorado limited liability company
("D&N").
Recitals
A. Houska Outfall owns the real property legally described on Exhibit A, attached
and incorporated by reference ("Houska Outfall Property").
B. D&N owns the real property adjacent to the Houska Outfall Property which is
legally described on Exhibit B, attached and incorporated by reference ("D&N Pronerty").
C. Houska Outfall is willing to grant an easement for private access to the D&N
Property over a portion of the Houska Outfall Property under the terms and conditions of this
Agreement.
Agreement
In consideration of the covenants 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 into this
Agreement as substantive terms.
2. Grant of Private Access Easement. Houska Outfall grants, bargains, sells and
conveys to D&N a perpetual, non-exclusive private access easement over and across that portion
of the Houska Outfall Property more particularly described on Exhibit C, attached and
incorporated by reference ("Easement") for vehicular, pedestrian and bicycle ingress, egress and
access to and from the D&N Property. The Easement shall be appurtenant to and for the benefit
of the D&N Property and for the use of D&N, its successors and assigns, as well as their
respective tenants, licensees, guests and invitees.
3. Construction of Improvements, Maintenance and Repair. The responsibility for
construction of any improvements within the Easement and future maintenance and repair of
such improvements shall be as agreed upon by Houska Outfall and D&N.
4. Not a Public Dedication. The Easement is a private easement which is not being
granted or dedicated to the City of Fort Collins or to the public. Nothing in this Agreement shall
be deemed to be a gift or dedication of any portion of the Houska Outfall Property to or for the
benefit of the general public or for any public purpose whatsoever.
GJM 06/29/2016
5. Runs with the Land/Binding Effect. The Easement and the other provisions of
this Agreement shall be covenants running with the land and shall be binding upon and inure to
the benefit of Houska Outfall and D&N, as well as their respective successors and assigns.
Date: June 2016 Houska Outfall, LLC, a Colorado limited liability
company
By: --;� !! —1
Dennis Houska, ember
Date: June 2, 2016 D & N Houska Family LLC, a Colorado limited
liability company
By:
Dennis Houska, Member
STATE OF COLORADO )
) ss.
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me this JIF A day of June, 2016, by
Dennis Houska, as Member of Houska Outfall, LLC, a Colorado limited liability company, and as
Member of D & N Houska Family LLC, a Colorado limited liability company.
Witness my hand and official seal.
My commission expires: / Z-Z/- Z o /g
1 HERESA FRENCH
Notary Public
State of Colorado
Notary 10 20074046586
F-mycc'— mmission Expires Dee 21. 2019
Notary Public
2
H:\WPC\RSG\Houska Automotive Services, Inc\Riverside Property Development\Offsite Easements\Private Access Easement Agmt 062916.docx
LENDER CONSENT
First National Bank, as beneficiary of a Deed of Trust recorded with the Clerk and
Recorder of Larimer County, Colorado encumbering Houska Outfall property, consents to the
foregoing Private Access Easement Agreement for the purpose of subordinating its Deed of
Trust to the Easement created under such Agreement.
Date: ,,, u e _Z 1 92016
STATE OF COLORADO )
) ss.
COUNTY OF LARIMER )
First National Bank
By: I
The foregoingforegwng instrument was ackn wled ed before me this day of ,
2016, by'rj A y Cajnrdl,72a\ as of First National Bank.
Witness my hand and official seal.
My commission expires:
Notary Public
=COMMISSION
DO
22
BER 2, 2018
3
H:\WPCRSG\Houska Automotive Services, Inc\Riverside Property Development\OfFsite Easements\Private Access Easement Agmt 062916.docx
EXHIBIT A
TO
PRIVATE ACCESS EASEMENT AGREEMENT
Legal Description of Houska Outfall Property
LOT 1, HOUSKA SOUTH SUBDIVISION, CITY OF FORT COLLINS, COUNTY OF LARIMER,
STATE OF COLORADO.
EXCEPT THE FOLLOWING DESCRIBED PARCEL OF LAND:
A PORTION OF LOT 1, HOUSKA SOUTH SUBDIVISION, CITY OF FORT COLLINS, COUNTY OF
LARIMER, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BASIS OF BEARINGS: BEARINGS ARE BASED ON THE EAST LINE OF LOT 2, HOUSKA
MINOR SUBDIVISION, WHICH ACCORDING TO THE PLAT THEREOF BEARS N 00°32'40" E.
BEGINNING A POINT ON SAID EAST LINE, FROM WHICH THE SOUTHEAST CORNER OF
SAID LOT 2 BEARS S 00032'40" W, A DISTANCE OF 36.54 FEET;
THENCE ON SAID EAST LINE THE FOLLOWING THREE (3) COURSES
1) THENCE N 00032'40" E, ON SAID EAST LINE, A DISTANCE OF 74.44 FEET
2) THENCE S 89025'19" E, A DISTANCE OF 20.35 FEET;
3) THENCE N 00020'02" E, A DISTANCE OF 89.32 FEET, TO A POINT ON THE
SOUTHERLY RIGHT WAY OF RIVERSIDE AVENUE, AS DEDICATED ON THE
PLAT OF HOUSKA SOUTH SUBDIVISION;
THENCE S 49034'00" E, SAID SOUTHERLY RIGHT OF WAY AND THE NORTHERLY LINE OF
LOT 1, HOUSKA SOUTH SUBDIVISION, A DISTANCE OF 89.65 FEET;
THENCE S 40026'00" W, A DISTANCE OF 138.48 FEET, TO THE POINT OF BEGINNING.
A-1
EXHIBIT B
TO
PRIVATE ACCESS EASEMENT AGREEMENT
Legal Description of D&N Property
CONSIDERING THE NORTH LINE OF THE NEIA OF SECTION 13, TOWNSHIP 7 NORTH,
RANGE 69 WEST OF THE 6TH P.M., BEARING SOUTH 89°38' EAST AND WITH ALL BEARINGS
RELATIVE THERETO:
BEGINNING AT A POINT WHICH BEARS NORTH 48021' 1/2' WEST 412.7 FEET FROM THE
1/16TH CORNER KNOWN AS THE NORTHEAST CORNER OF THE SETA OF NEIA OF SAID
SECTION, WHICH SAID 1/16TH CORNER BEARS NORTH 00°25' EAST, 1,319.93 FEET FROM
THE El/4 CORNER OF SAID SECTION 13.;
THENCE SOUTH 00054' WEST 229.75 FEET;
THENCE NORTH 89042' WEST 331.40 FEET;
THENCE NORTH 00025' EAST 522.66 FEET;
THENCE SOUTH 48021 1/2' EAST 443.4 FEET TO THE POINT OF BEGINNING;
EXCEPT THAT PORTION CONVEYED TO BOARD OF COUNTY COMMISSIONERS BY DEED
RECORDED MARCH 15, 1911 IN BOOK 288 AT PAGE 500 AND EXCEPT THAT PORTION
CONVEYED TO WANDA E. BLAGG IN DEED RECORDED MARCH 21, 1990 AS RECEPTION
NO. 90011538, AND EXCEPT ANY PORTION INCLUDED WITHIN RIVERSIDE AVENUE.
SUBJECT PROPERTY IS ALSO DESCRIBED AS FOLLOWS:
A TRACT OF LAND SITUATED IN THE NORTHEAST OF SECTION 13, TOWNSHIP 7 NORTH,
RANGE 69 WEST OF THE 6TH P.M., CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE
OF COLORADO, WHICH CONSIDERING THE EAST LINE OF THE SAID NORTHEAST 1/4 OF
SAID SECTION 13 AS BEARING NORTH 00025'00" EAST AND WITH ALL BEARINGS
CONTAINED HEREIN RELATIVE THERETO, IS CONTAINED WITHIN THE BOUNDARY LINES
WHICH BEGIN AT A POINT ON THE EXISTING SOUTH RIGHT-OF-WAY LINE OF RIVERSIDE
AVENUE WHICH BEARS NORTH 00025'00" EAST 1,319.93 FEET TO THE NORTH 1/16 CORNER
ON THE EAST LINE OF SAID SECTION 13 AND AGAIN NORTH 48054'00" WEST 403.05 FEET
(402.98 FEET, AS MEASURED), AND
AGAIN SOUTH 01004'36" WEST 35.64 FEET (35.49 FEET, AS MEASURED) FROM THE EAST 1/4
CORNER OF SAID SECTION 13, AND RUN
THENCE SOUTH 01004'36" WEST 183.71 FEET;
THENCE NORTH 89031 '24" WEST 331.40 FEET;
THENCE NORTH 00035'36" EAST 468.81 FEET TO THE EXISTING SOUTH RIGHT-OF-WAY
LINE OF RIVERSIDE AVENUE;
THENCE ALONG SAID RIGHT-OF-WAY SOUTH 48054'00" EAST 437.90 FEET TO THE POINT
OF BEGINNING.
CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO.
(Note: Following recordation of the Final Plat for Houska Automotive Repair, said real property will be
described as Lot 1, Houska Automotive Repair, City of Fort Collins, County of Larimer, State of
Colorado.)
115
t t.
EXHIBIT C
TO PRIVATE ACCESS EASEMENT AGREEMENT
Washburn Land Surveying
Private Access Easement Description
A PARCEL OF LAND BEING A PORTION OF LOT 1, HOUSKA SOUTH SUBDIVISION, CITY OF FORT COLLINS, COUNTY OF
LARIMER, STATE OF COLORADO AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BASIS OF BEARINGS: BEARINGS ARE BASED ON THE EAST LINE OF SAID LOT 1, WHICH IS ASSUMED TO BEAR
SOO'35'36"W.
BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 1;
THENCE N 49'34'40" W, ON THE NORTH LINE OF SAID LOT 1, A DISTANCE OF 34.99 FEET;
THENCE S 41'04'22" W, A DISTANCE OF 19.18 FEET;
THENCE ON THE ARC A TANGENT CURVE TO THE LEFT WITH A CENTRAL ANGLE OF 40'35'46", A RADIUS OF 52.00
FEET, AN ARC LENGTH OF 36.84 FEET, A CHORD BEARING OF S 20-46-29" W, AND A CHORD LENGTH OF 36.08 FEET,
TO A POINT OF TANGENCY;
THENCE S 00'28'36" W, A DISTANCE OF 98.28 FEET;
THENCE ON THE ARC OF A NON -TANGENT CURVE TO THE LEFT WITH A CENTRAL ANGLE OF 78-30'02", A RADIUS OF
45.05 FEET, AN ARC LENGTH OF 61.73 FEET, A CHORD BEARING O FS 40'35'44" E, AND A CHORD LENGTH OF 57.01
FEET, TO A POINT OF REVERSE CURVATURE;
THENCE ON A REVERSE CURVE TO THE RIGHT WITH A CENTRAL ANGLE OF 30'S7'06", A RADIUS OF 5.00 FEET, AN ARC
LENGTH OF 2.70 FEET, A CHORD BEARING OF S 64-23'48" E, AND A CHORD LENGTH OF 2.67 FEET, TO A POINT OF
TANGENCY;
THENCE S 48'55'14" E, A DISTANCE OF 15.25 FEET, TO A POINT ON THE EAST LINE OF SAID LOT 1;
THENCE N 00'35'36" E, ON SAID EAST LINE, A DISTANCE OF 26.21 FEET;
THENCE ON THE ARC OF A NON -TANGENT CURVE TO THE LEFT WITH A CENTRAL ANGLE OF 26-53-45", A RADIUS OF
25.00 FEET, AN ARC LENGTH OF 11.74 FEET, A CHORD BEARING OF N 66-25'28" W, AND A CHORD LENGTH OF 11.63
FEET, REVERSE CURVATURE;
THENCE ON A REVERSE CURVE TO THE RIGHT WITH A CENTRAL ANGLE OF 80'20'57", A RADIUS OF 25.00 FEET, AN
ARC LENGTH OF 35.06 FEET, A CHORD BEARING OF N 39'41'52" W, AND A CHORD LENGTH OF 32.26 FEET, TO A POINT
OF TANGENCY;
THENCE N 00'28'36" E, A DISTANCE OF 85.37 FEET;
THENCE N 41'03'16" E, A DISTANCE OF 49.16 FEET, TO THE POINT OF BEGINNING.
CONTAINING AN AREA OF 4,787 SQUARE FEET, OR 0.110 ACRES
I, CHAD R. WASHBURN, A PROFESSIONAL LAND SURVEYOR LICENSED IN THE STATE OF COLORADO, DO
HEREBY STATE THAT THE ABOVE PROPERTY DESCRIPTION AND ATTACHED EXHIBIT WERE PREPARED UNDER
MY RESPONSIBLE CHARGE, AND ON THE BASIS OF MY KNOWLEDGE, INFORMATION AND BELIEF, ARE
CORRECT.
CHAD R. WASHBURN, PROFESSIONAL LAND SURVEYOR
COLORADO NO.37963
FOR AND ON BEHALF OF WASHBURN LAND SURVEYING, LLC
Washburn Land Surveying, LLC — Phone 970-232-9645
www.WashburnSurveying.com
C-1
Parcel Line Table
Line #
Length
Direction
L1
48.92'
N41°03'16"E
L2
85.37'
N00"28'36"E
L3
26.21'
NO"35'36"E
L4
15.25'
S48"55'14"E
L5
98.28'
SO"28'36"W
L6
19.19'
S41 "04'22"W
L7
34.99'
N49'34'40"W
LOT 1 HOUSKA
SOUTH SUBDIVISION
OWNER:
HOUSKA OUTFALL LLC HOUSKA AUTOMOTIVE REPAIR
PLATTED C3 J LOT 1
40 0 40 80 --- �ti�.,,,,WashburnSui-ve}ring.com
L—AM4 4025 Automation Way Suite C4
Scale: 1"=40' Fort COM11S, c0 80525
Washburn Land Surveying 970-232-9645
Sheet 1 of 1 Project 0: 2015-0028 Date: June 27, 2016 Scale: C=ioDriwn: MDG
Curve Table
Curve #
Length
Radius
Delta
Chord Direction
Chord Length
C1
35.06'
25.00'
80"20'57"
N39"41'52"W
32.26'
C2
11.74'
25.00'
26"5345"
N66"25'28"W
11.63'
C3
2.70'
5.00,
30"57'06"
S64"23'48"E
2.67'
C4
61.73'
45.05'
78`30'02"
S40"35-44"E
57.01'
C5
36.84'
52.00'
40"35'46"
S20"46'29"W
36.08'
POINT OF
LU rl
BEGINNING
LINE
tw N
CORNER LOT 1
r.-
HOUSKA SOUTH
�
SUBDIVISION
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C-2