HomeMy Public PortalAboutResolution 2013-06-01 Authorizing Execution of an Access Easement Agreement for 303 Cozens Ridge in the Rendezvous Subdivision, Tract 4E-10 TOWN OF FRASER
RESOLUTION NO. 2013-06-01
A RESOLUTION AUTHORIZING EXECUTION OF AN ACCESS EASEMENT AGREEMENT
FOR 303 COZENS RIDGE IN THE RENDEZVOUS SUBDIVISION, TRACT 4E-10.
BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER,
COLORADO THAT:
1. The Town Board of Fraser, Colorado hereby authorizes the Town Manager to execute
the Access Easement Agreement with THE ROLAND R. RICK TRUST DATED
NOVEMBER 20, 2006, a copy of which is attached hereto, subject to the conditions
provided below.
2. The Board further authorizes the Mayor and Town Clerk to execute the Amendment to
Deed Restriction relating to Tract 4E-10, East Mountain Filing 1, a copy of which is
attached hereto, as executed by Rendezvous Colorado, LLC. Such Amendment is a
condition precedent to, and will be recorded with the attached Access Easement
Agreement.
3. The approval of said Access Easement Agreement is conditioned upon payment to the
Town of consideration in the amount of$10,000.00 plus Town attorney fees as invoiced
by the Town. Such payment and a copy of the Access Easement Agreement signed by
the Owner must be received by the Town within forty-five days after the date hereof or
such approval shall lapse and no longer be effective.
READ, PASSED ON ROLL CALL VOTE, AND ADOPTED BY THE BOARD OF TRUSTEES
THIS 12th DAY OF JUNE, 2013.
Votes in favor: �_ BOARD OF TRUSTEES OF THE
Votes opposed: 0 TOW 7 FRAS , COLORADO
Absent:
Abstained: BY
May
ATTEST:
(S E A L)
Town Clerk
ACCESS EASEMENT AGREEMENT
THIS ACCESS EASEMENT AGREEMENT is made this_)27: day of JKA.P_ ,
2013, between the TOWN OF FRASER, a municipal corporation, P.O. Box 370, Fraser, CO
80442 (the "Town") and THE ROLAND R. RICK TRUST DATED NOVEMBER 20, 2006,
whose address is 745 E. Heartstrong Street, Superior, CO 80027-8003 ("Owner").
WHEREAS, Owner is the owner of real estate situated in the Town of Fraser, Grand
County, Colorado described as follows:
Lot 37,
East Mountain - Filing 1
(hereinafter "Owner's Property"); and
WHEREAS, Owner's Property has direct access to a public street, but constructing a
driveway from such public street to the proposed homesite would be difficult, and Owner has
proposed an alternate access over the following described property owned by the Town:
Tract 4E-10
East Mountain, Filing 1
(hereinafter "Town Property"); and
WHEREAS, Owner has requested, and the Town has agreed to grant an access easement
for the installation, maintenance and repair of a driveway over the Town Property for access to
Owner's Property, in accordance with the terms of this Agreement; and
WHEREAS, it is the intent of the parties that the terms of this Agreement shall be
binding upon Owner and all future owners of Owner's Property.
NOW THEREFORE, in consideration of the premises above set forth and for good and
valuable consideration the receipt of Ten Thousand Dollars and 00 cents ($10,000.00)and
sufficiency of which is hereby acknowledged, the parties agree as follows:
(1) The Town hereby grants to Owner a non-exclusive easement on and over the
Town Property, being approximately twenty feet(20') in width (or 2,087 square feet) along and
adjacent to the northwesterly boundary of the Town Property, as specified in Exhibit A attached
hereto, for the installation, maintenance and repair of a driveway for access to the Owner's
Property(herein referred to as the "Easement"). The surface of said driveway shall be no more
than twelve feet (12') in width and shall be located not less than five feet (5') from the
northwesterly boundary of the Town Property.
RECEFTION#: 2013006223, 06/13/2013 at
10:02.40 AM,
I OF s, R $46.00 , Additional Names Fee:
Doc Code:EA S
Sara L. Rosene, Grand County Clerk,
Colorado
(2) The driveway shall be paved with asphalt or concrete material with a minimum
thickness of five inches (5"), in order to bear the weight of Town maintenance vehicles, which
will also use the driveway for access to facilities on the Town Property.
(3) All construction, maintenance and repair work by Owner within the Easement
shall be done in a timely and good and workmanlike manner and in accordance with all
applicable laws and regulations. During construction of the driveway or construction on Owner's
Property,the road bed on the Easement must be graveled and maintained to prevent trucks and
equipment from sinking or sliding close to the water storage tank on the Town Property and to
prevent the tracking of dirt, mud and debris off-site onto the public right-of-ways (ROW).
Owner shall be responsible for the daily cleanup and removal of any such debris tracked onto the
ROW. Prior to or concurrent with construction, Owner shall install a temporary construction
perimeter fencing along the entire access easement from the public ROW of Cozens Ridge
roadway to the property boundary of lot 37.
(4) Prior to commencing site construction Owner shall realign the existing access
road to the location of the new driveway access and shall also restore the old access road cut to
match existing grade and shall revegetate the disturbed area as outlined in Fraser's Design
Criteria and Construction Standards, Article 5, Division 4; Revegetation, Erosion and Sediment
Control.
(5) Snow plowing and removal on the Easement shall be conducted in a manner so
that snow is not deposited or stored on the Town Property outside of the Easement boundaries,
but is removed and stored on Owner's Property.
(6) The Easement is nonexclusive. The Town may use the area encompassed by the
Easement in any manner whatsoever, so long as such use is consistent with the Easement herein
granted. Owner acknowledges that the operation and maintenance of the facilities located on the
Town Property may cause damage to the driveway surface or require temporary removal of
portions of the driveway The Town shall not be liable for any such damage or removal, and
Owner shall be solely responsible for any necessary repairs to the driveway. In addition, Owner
acknowledges the Town may on occasion perform snow removal from the access easement area
of the driveway in order to gain access to the facilities on this Tract.
(7) In further consideration for the grant of the Easement, Owner agrees to indemnify
and hold harmless the Town, its officers, employees, insurers, and self-insurance pool (the
"Indemnified Parties"), from and against all liabilities, losses, claims, demands, damages and
expenses,including reasonable attorney fees, incurred or suffered by the Indemnified Parties as a
result of. (a) failure by Owner to perform any covenant or obligation required to be performed by
Owner hereunder; (b) any accident, injury, or damage caused by, resulting from, arising out of or
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in any manner connected with the existence of the driveway or the use of the Easement hereby
granted; and (c) failure by Owner to comply with any requirement of any governmental authority.
(8) This Agreement shall be binding upon and inure to the benefit of the parties, their
heirs, successors, assigns and personal representatives, all other parties who may hereafter
acquire an interest in the properties subject hereto, and except as otherwise provided herein, shall
run with the land.
IN WITNESS WHEREOF, the parties have hereunto subscribed their signatures,
effective the date first above mentioned.
TOWN OWNER
TOWN�OF FRAS- COLORADO THE ROLAND R. RICK TRUST DATED
NOVEMBER 20, 2006
BY:
( Peggy Smith, Mayor BY:
ATTES '1 Trustee
Lu B ger, Town Clerk
( SEAL)
STATE OF COLORADO )
) SS
COUNTY OF GRAND )
The foregoing instrument was acknowledged before me on
2013, by Peggy Smith, as Mayor, and Lu Berger, as Town Clerk, of the Town of Fraser,
Colorado, a municipal corporation of the State of Colorado.
Witness my hand and official seal.
My Commission expires: 03/d$ z'o I.-b
DEL Q. yq
( SEAL ) xAoTARy,G Notary Public
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STATE OF L-)O p t--) )
) SS
COUNTY OF 9,A,-Q )
The foregoing instrument was acknowledged before me on �Z�h
2013, by a-G�L , as Trustee of THE ROLAND R. RICK TRUST DATED
NOVEMBER 20, 2006.
Witness my hand and official seal. 03x3 3D06S9
My Commission expires: 0310(6)zj (J.
( SEAL) Q. Notary Public
y9L
,AOTARy,
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LEGAL DESCRIPTION
An easement over, across and on Tract 4E-10, East Mountain Filin No. 1,
located in Section 28, Township 1 South, Range 75 West of the Sixth Principal
Meridian, Town of Fraser, County of Grand, State of Colorado, said easement
being more particularly described as follows:
Beginning at the corner common to said Tract 4E-10 and Lot 42, East
Mountain Filing No. 1 and considering the common line between sgid Tract
4E-10 and Lot 42, fast Mountain Filing No. 1 to tear South 59'1413 West,
with all bearings contained herein relative thereto (Basis of Bearing);
Thence along said common line South 59'14'13" West, 95.53 feet to the corner
common to said Tract 4E-10, Lot 42 and Lot 37, East Mountain Filing No. 1;
Thence along the common line between Tract 4E-10 and Lot 37, South
16°27'06" East, 20.64 feet;
Thence leaving said common line, North 59'14'13" East, 75.64 feet;
Thence North 81'02'34" East, 26.92 feet to a point on the right of way line of
Cozens Ridge;
Thence along said right of way line, North 30"46'42" West, 30.00 feet to the
Po1nt of Beginning.
Said easement contains 2,087 square feet, 0.05 acres, more or less.
I, David R. Lutz a dul ,�lktM1"4,,land surveyor in the State of Colorado, do
hereby certify that tl di Ed$ hxjption and exhibit map represents the results
of o survey made ray direction.
David R. Lutz, PL , ' X30-13
Colorado Professio ''
Land Surveyor No. W 6•..•,..•
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Page 1 of 2
o LEGAL DESCRIPTION & EXHIBIT MAP
o
TRACT 4E-10 — EAST MOUNTAIN FILING NO. 1
N� S. 28 T. 1 S. R. 75 W., 6TH P.M.
COUNTY OF GRAND, STATE OF COLORADO
\\ POINT OF
BEGINNING
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LOT 42 8Pgg'S•`' \ 'Q�
EAST MOUNTAIN -�,-
FILING NO 1 34
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TRACT 4E-10
EAST MOUNTAIN
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*Denotes only a change
SCALE 1"=20' of direction or legal
description call, not a
set monument.
NOTICE: According to Colorado law you must commence any legal
action based upon any defect in this survey within three years after
you first discovered such defect. In no event, may any action based
upon any defect in this survey be commenced more than ten years
Page 2 of 2 from the date of the certification shown.
LEGAL DESCRIPTION & EXHIBIT MAP
TRACT 4E-10 - EAST MOUNTAIN FILING NO. 1
m S. 28 T. 1 S. R. 75 W., 6TH P.M.
COUNTY OF GRAND, STATE OF COLORADO
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AMENDMENT TO DEED RESTRICTION
THIS AMENDMENT TO DEED RESTRICTION is entered into effective , 2013,by and
between THE TOWN OF FRASER,COLORADO,a municipal corporation of the State of Colorado("Fraser"),and
RENDEZVOUS COLORADO,LLC,f/k/a Maryvale Village,LLC,a Colorado limited liability company
('Rendezvous").
WHEREAS,Rendezvous,as Grantor, previously executed a Special Warranty Deed,dated February 26,
2001 and recorded March 19,2001 at Reception No.2001-002460 of the records in the office of the Clerk and
Recorder of Grand County,Colorado(the"Filing 1 Deed"),which conveyed to Fraser,as Grantee,certain tracts of
land located in within East Mountain-Filing 1;and
WHEREAS,said Filing 1 Deed includes the following restriction regarding the use of the tracts conveyed
to Fraser:
Use of Property. The Property shall be used solely for open space purposes for the use and enjoyment of
the general public,except for Tracts 4E-10 and 4E-11,which may also be used for the construction,
maintenance,repair,replacement and operation of a water storage tank and/or booster station and related
facilities.
(the"Use Restriction");and
WHEREAS,Fraser and Rendezvous desire to amend said Use Restriction to exempt Tract 4E-10 from such
restriction and allow unrestricted use thereof by Fraser.
NOW THEREFORE,in consideration of ten dollars($10.00)paid by Fraser to Rendezvous and other
good and valuable consideration,the parties agree that said Use Restriction in the Filing 1 Deed is hereby amended
by exempting therefrom the following property owned by Fraser: Tract 4E-10,East Mountain-Filing 1,Town of
Fraser,County of Grand,State of Colorado. All other terms,reservations,covenants and restrictions contained in
said Filing 1 Deed shall remain in effect.
IN WITNESS WHEREOF,the parties have caused this Amendment to be executed by their duly authorized
representatives.
RENDEZVOUS COLORADO,LLC, f/k/a Maryvale Village,LLC,
a Colorado limited liability company.
By: KOELBEE/L AND COMPANY,a Colorado corporation,Manager.
By:
Title:
STATE OF COLORADO )
)SS
COUNTY OF � )
The foregoing instrument was acknowledged before me this day of 2013,by
as Q c g; --k of Koelbel and Company,a ColoraT o corporation,
Manager of Rendezvous Colorado LLC,a Colorado limited liability company.
Witness my lkgodlla1�ic� seal.
My Comrs� Pe
(SEAL) _ — Notary Public
(P PUBO
//// /,O„�;C®���`\`\\\ R C A4T ION#: . 013005224, 06/13/2013 at
1 OF 2, R $16.00 , Additional Names Fee:
Clue Code:AMD
Sara L. Rosene, Grand County Clerk,
Colorado
TIIE TOWN OF FRASER,COLORADO,a municipal
corporatyot�of the edlof Colorado
BY:
Peg '' Mayor
A"CT I
Lu Berger,Town Clerk
STATE OF COLORADO)
)SS
COUNTY OF GRAND ) ss
The foregoing instrument was acknowledged before me on _ n�t� `L 20_13_,by Peggy
Smith,as Mayor,and Lu Berger,as Town Clerk,of The Town of Fraser,Colorado,a municipal corporation of the
State of Colorado.
Witness my hand and official seal.
My Commission ex Tres: 03(0eb(Zoib _
(SEAL) n C pI Notary Public
�A 110LIC a
4
OF CO`O
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