Loading...
HomeMy Public PortalAboutResolution 2012-12-24 Authorizing Town Manager to Execute an Easement Agreement The Emery Property in Accordance with the FVI-Cornerstone Settlement AgreementTOWN OF FRASER RESOLUTION NO. 2012-12-24 A RESOLUTION AUTHORIZING THE TOWN MANAGER TO EXECUTE AN EASEMENT AGREEMENT THE EMERY PROPERTY IN ACCORDANCE WITH THE FVI-CORNERSTONE SETTLEMENT AGREEMENT. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO THAT: 1. That the Town Board of Fraser, Colorado hereby authorizes the Town Manager to execute an easement agreement for the Emery property in accordance with the terms of the FVI-Cornerstone Settlement Agreement. DULY MOVED, SECONDED, AND ADOPTED THIS 5`" DAY OF DECEMBER, 2012. Votes in favor: BOARD OF TRUSTEES OF THE Votes opposed: TOWN O AS OLORADO Absent: Abstained: BY: MayoE! ATTEST: SEAL) ceu- L-p A 6 2/\ Town Clerk EASEMENT DEED (Drainage) GRANTOR: GRANTEE: MICHAEL SCOTT EMERY and JENNIFER LYNN EMERY Address: Post Office Box 791, Winter Park, Colorado 80482 TOWN OF FRASER, COLORADO, acting by and through its Board of Trustees Address: Post Office Box 370, Fraser, Colorado 80442 For and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, in hand paid, the receipt whereof is hereby irrevocably acknowledged by GRANTOR, GRANTOR (whether one or more persons) hereby grants, bargains, sells and conveys to GRANTEE, its successors and assigns forever, a perpetual, non-exclusive easement on, over, above, below and across the property described on Exhibit "A" attached hereto and incorporated herein by this reference (the "Easement Parcel"), with all its appurtenances. This easement is granted for the purpose of installation, maintenance and operation of storm drainage ways and facilities, above and below ground, including but not limited to storm water drainage pipes, inlet and outlet facilities, and collection and discharge facilities ("Drainage Facilities"). GRANTEE and its successors and assigns shall have the right to construct, maintain, repair, replace, enlarge and operate such Drainage Facilities and other improvements as are necessary or convenient for the above -described purposes. The easement includes the right of ingress and egress for such purposes. Nothing contained herein shall obligate the Board of Trustees of Fraser to construct or install any such facilities or improvements. By its acceptance of this Deed, GRANTEE, for itself and its successors and assigns, does hereby covenant and agree with the GRANTOR, its successors and assigns, that GRANTEE will restore the surface of the land within the Easement Parcel to substantially the same condition as existed immediately prior to the commencement of any construction, maintenance, repair, enlargement or other activities by the GRANTEE, its successors and assigns, or such modified condition as is consistent with the easement purposes described herein. By its acceptance of this Deed, GRANTEE, for itself and its successors and assigns, agrees to indemnify and hold GRANTOR, its successors and assigns harmless, to the extent GRANTEE is lawfully permitted to do so, from and against any and all claims which may be brought against GRANTOR and which arise out of injury or alleged injury occurring to third parties as a result of the use of the easement herein granted, except for any such injury or alleged injury which is caused by the willful act or gross negligence of GRANTOR. The parties hereto understand and agree that GRANTEE is relying on, and does not waive or intend to waive by any provision of this Deed, the monetary limitations or any other rights, immunities, and protections provided by C.R.S. 24 10 101 et seq., as from time to time amended, or otherwise available to GRANTEE, its officers and employees. The parties hereto further understand and agree that GRANTOR likewise is relying on, and does not waive or intend to waive by any provision of this Deed, the monetary limitations or any other rights, immunities, and protections provided by the provisions of C.R.S. 33 41 101 et seq., as from time to time amended, or otherwise available to GRANTOR. RECEPTION#: 2014001031, 02/25/2014 at 12:19:59 PM, 1 OF 5, R $31.00 , Additional Names Fee: Doc Code:EAS Sara L. Rosene, Grand County Clerk, Colorado GRANTOR, for itself and its successors and assigns, does hereby covenant, grant, bargain and agree to and with GRANTEE, its successors and assigns, that at the time of the ensealing and delivery of this Deed, GRANTOR was well seized of the premises above conveyed, had good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and had good right, full power and authority to grant, bargain, sell and convey the same in the manner and fouuli as aforesaid, and that the same are free from all former and other grants, bargains, sales, liens, taxes, assessments and encumbrances of whatever kind or nature soever, except for general real property taxes for the current year; except for easements, covenants and restrictions of record, if any; and except for the lien of the Deed of Trust which is being subordinated to this instrument as provided below. The GRANTOR shall and will warrant and forever defend the above -bargained premises in the quiet and peaceable possession of GRANTEE, its successors and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. This Easement Deed and the drainage easement provided herein shall become effective as of the date this instrument is recorded in the office of the Clerk and Recorder of Grand County, Colorado. OR: Michael Scott Emery ifer Lynn E STATE OF (-) ) ) ss. COUNTY OF G ) The foregoing instrument was acknowledged before the this laay of , 20P, by Michael Scott Emery and Jennifer Lynn Emery, the above named Grantor. Witness my hand and official seal. My Commission expires: (SEAL) FRANK M. PARKER NOTARY PUBLIC STATE OF COLORADO NOTARY ID 19964019861 My Commission Expires Nov. 24, 2016 Notary Public [Continued on next page] -2- The undersigned, BANK OF THE WEST, formerly known as Community First National Bank of Fraser, Colorado ("Lienholder"), as the beneficiary of the Deed of Trust recorded April 28, 2003 at Reception No. 2003-005140 of the Grand County records, as modified by the Modification of Deed of Trust recorded May 7, 2010 at Reception No. 2010003674, joins in the execution of this instrument and hereby subordinates its Deed of Trust to the easement granted in the foregoing Easement Deed. SIGNED THIS 17th day of January, 2013 LIENHOLDER: BANK OF THE WEST STATE OF IV )0,f) I C0 -1"Q ) ss. COUNTY OF ,1�5 ) The foregoing instrument was acknowledged before me this � day of 6,,rtou , 2013 by UAW N I.�I , as W &/ / 1J/4 of BANK OF TH`E WEST, the above named Lienholder. Witness my hand and official seal. My Commission expires: NICOLE NOGOWSKI Notary Public State of North Dakota My Commission Expires Sept. 3, 2015 yvoi (,(0),Am Notary Public -3- LX LEGAL DESCRIPTION BIT A 30 foot wide utility and maintenance easement over, across and on Lot 2, Handel Subdivision Exemption, Section 20, Township 1 South, Range 75 West of the 6th P.M., Town of Fraser, County of Grand, State of Colorado, said easement lying 15.0 feet on each side of the following described centerline; Commencing at the Northeast corner of the Southwest �/4 of the Southwest / of said Section 20, from whence the Northwest corner of the Southwest �/4 of the Southwest % of said Section 20 bears South 9°58'23" West, ith all bearings contained herein being relative thereto Basis of Bearing)); Thence North 79°47'35" West, 944.58 feet to a point on the northerly right of way line of US Highway 40, said point being the Point of Beginning,. Thence North 09°00'53" East, 34.29 feet to a point on the north line of said Lot 2, Handel Subdivision Exemption, said point being the Point of Terminus of said 30 foot wide utility and maintenance easement, the side lines of which are to be Iencthened or shortened to intersect said northerly right of way line of US ♦ighway 40 and said north line of Lot 2, Handel Subdivision Exemption. Said easement contains 0.02 acres, more or less. I, David R. Lutz, a duly ,(1oO1Mttidr„land surveyor in the State of Colorado, do hereby certify that t' IB§oI1 t ascription and exhibit map represents the results of a su a+;.bysr ;or under my direction. David R. Lutz, PLS= © 12-21-12 Colorado ProfessionQiccn ' Land Surveyor No. . ..,,,,.• '�J Page 1 of 2 Job Na 12-002 LEGAL DESCRIPTION & EXHIBIT MAP SECTION 20, TOWNSHIP 1 SOUTH, RANGE 75 WEST OF THE 6th P TOWN OF FRASER, COUNTY OF GRAND, STATE OF COLORADO 10' UTILITY ESMT REC. NO. 2001009655 POINT OF TERMINUS Page 2 of 2 1029 SO FT, 0..02 CRES f LOT 2 HANDEL SUBDIVISION EXEMPTION OWNER: SCOTT AND JEN EMERY POINT OF POINT OF BEGINNING N 79 4.35„ COMMENCEMENT swtc.{{SW114 ER 94458' W E CORNER sW14SW%q 520/TIS R75 SOUTH LINE NE yq, S 89'58'23" W S20 TIS R75 43 ALUMINUM CAP SW ) SEC 20 BASIS OF BEARING V ALUMINUM CAP PLS /25971 *Denotes only a change of direction or legal description call, not a set monument. • 12-21-12 -� O'V/ uLim— ,`" PLS #11415 —S— SCALE 1"=20' 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 from the date of the certification shown. Job No. 12-002 EN 5 rz o� ti LEGAL DESCRIPTION & EXHIBIT MAP SECTION 20, TOWNSHIP 1 SOUTH, RANGE 75 WEST OF THE 6TH P.M. TOWN OF FRASER, COUNTY OF GRAND, STATE OF COLORADO EASEMENT (Drainage) GRANTOR: GRANTEE: FRASER VALLEY INVESTMENTS, LLC, a Colorado limited liability company Address: Post Office Box 37, Fraser, Colorado 80442 TOWN OF FRASER, COLORADO, acting by and through its Board of Trustees Address: Post Office Box 370, Fraser, Colorado 80442 For and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, in hand paid, the receipt whereof is hereby irrevocably acknowledged by GRANTOR, GRANTOR (whether one or more persons) hereby grants, bargains, sells and conveys to GRANTEE, its successors and assigns forever, a perpetual, non-exclusive easement (the "Easement") on, over, above, below and across the property described on Exhibit "A" attached hereto and incorporated herein by this reference (the "Easement Parcel"), with all its appurtenances. This Easement is granted for the purpose of installation, maintenance and operation of storm drainage ways and facilities, above and below ground, including but not limited to concrete pans, sideslopes, berms, storm water drainage pipes, inlet and outlet facilities, and collection and discharge facilities ("Drainage Facilities"). GRANTEE and its successors and assigns shall have the right to construct, maintain, repair, replace, and operate such Drainage Facilities and other improvements within the Easement Parcel as are necessary or convenient for the above described purposes. GRANTEE may enlarge such Drainage Facilities for the above - described purpose, but only with the express written consent of GRANTOR. The Easement includes the right of ingress and egress across the Easement Parcel for such purposes and includes a temporary easement for ingress and egress of 10 feet on either side of the Easement for the purpose of construction of the Drainage Facilities. Nothing contained herein shall obligate the Board of Trustees of Fraser to construct or install any such facilities or improvements. By its acceptance of this Easement, GRANTEE, for itself and its successors and assigns, does hereby covenant and agree with the GRANTOR, its successors and assigns, that GRANTEE will restore the surface of the land within the Easement Parcel to substantially the same condition as existed immediately prior to the cornrnencement of any construction, maintenance, repair, enlargement or other activities by the GRANTEE, its successors and assigns, or such modified condition as is consistent with the easement purposes described herein. GRANTOR, for itself and its successors and assigns, does hereby covenant, grant, bargain and agree to and with GRANTEE, its successors and assigns, that at the time of the ensealing and delivery of this Deed, GRANTOR was lawfully seized of an indefeasible estate, in fee simple in and to the Easement Parcel, and had good right, full power and authority to convey the same, and that the same are free from all encumbrances of whatever kind or nature soever, except for general real property taxes for the current year; except for easements, covenants and restrictions of record, if any. The GRANTOR shall and will warrant and forever defend the title to the Easement Parcel in the quiet and peaceable possession of GRANTEE, its successors and assigns, against all persons who may lawfully claim the whole or any part thereof. RECEPTION#: 2014001030, 02/25/2014 at 12:19:58 PM, 1 OF 4, R $26.00 , Additional Names Fee: Doc Code:EAS Sara L. Rosene, Grand County Clerk, Colorado This Easement shall become effective as of the date this instrument is recorded in the office of the Clerk and Recorder of Grand County, Colorado. GRANTOR: FRASER VALLEY INVESTMENTS, LLC, a Colorado limited liability company STATE OF ) COUNTY OF ) ss. BY Steve Morrow,\Manage' The foregoing instrument was acknowledged before me this day of , 2013, by Steve Morrow, as Manager of FRASER VALLEY INVESTMENT; LLC, a Colorado limited liability company, the above named Gran Witness my hand and official seal. My Commission expires: (SEAL) KACIE SAWATZKY Notary Public State of Colorado Notary ID 20004034 y Commission Expires Se 2 LEGAL DESCRIPTION A tract of land located in Section 20, Township 1 South, Range 75 West of the 6th P.M., Town of Fraser, County of Grand State of Colorado, said tract being more particularly described as follows; Commencing' at the Northeast corner of the Southeast 1/4 of the Southwest 4 of said Section 20, from whence the Northwest corner of the Southeast 1/4 of the Southwest % of said Section 20 bears South 89°58'23" West, with all bearings contained herein being relative thereto (Basis of Bearing); Thence along the south line of the Northeast quarter of the Southwest Pquarter of said Section 20, South 89°58'23' West, 937.26 feet to the oint of Beginning, Thence continuing along said south line South 89°58'23" West, 30.00 feet; Thence leaving said south line, North 00°00'00" East, 26.36 feet; Thence North 9°00'53" East, 25.79 feet to a point on the southerly right of way line of US Highway 40; Thence along said right of way line, South 66°33'47" East, 30.98 feet; Thence leaving said right of way line, South 09°00'53" West, 15.71 feet; Thence South 00°00'00" West, 23.98 feet to the Point of Beginning, Said tract of land contains 0.03 acres, more or less. I, David R. Lutz, a dulX,Jiasme��f land surveyor in the State of Colorado, do hereby certify th0` jsR, '.yiescription and exhibit map represents the results of a s &e� r e,' �f e or under my direction. T David R. Lutz, PL$, 12_21_12 Colorado Professiotj , ;' Land Surveyor No. ' 86,...„.•'49,-S ,�Nq/ uu�W° 0` YI F Page 1 of 2 Job No. 12-002 COV � y 01. LEGAL DESCRIPTION & EXHIBIT MAP SECTION 20, TOWNSHIP 1 SOUTH, RANGE 75 WEST OF THE 6th P.M. TOWN OF FRASER, COUNTY OF GRAND, STATE OF COLORADO 1� 10 1-_-1 E CTr CAL ESMT BOOK 241 PAGE 899 La 0 0 O) 0 FOREST MEADOWS SOLAR COMMUNITY RESUB OF TRACTS D & E PARCEL C, BLOCK 1 OWNER: o FRASER VALLEY INVESTMENTS, LLC o 0 NW CORNEF7 SEJ/4SW/4 S20 Tl S R75 ALUMINUM CAP PLS #25971 0 0 0) 1' M N l7S Hi s66- c '(4e $Q>.. Qo 1377 SQ. FT. 0.03 ACRES t 0 0 0) 0 0 0 O 0 0 SOUTH UNE NE }'4, SW }'4 z S 89.58'23" W N SEC 20 METES AND BOUNDS PARCEL OWNER: GRAND PARK DEVELOPEMENT, LLC Page 2 of 2 30.00' ® Denotes only a change of direction or legal description call, not a set monument. a) rn N • 12-21-12 4 • .9 L LAND .C2\4L Np POINT OF BEGINNING 937.26' BASIS OF BEARING PO/NT OF COMMENCEMENT NE CORNER SE SW 14 S20 71S R75 ALUMINUM CAP PLS# 11415 20' ELECTRICAL ESMT REC. NO. 97006496-97 SCALE '1"=20' 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 from the date of the certification shown. Job No. 12-002 ea 410 c LEGAL DESCRIPTION & EXHIBIT MAP SECTION 20, TOWNSHIP 1 SOUTH, RANGE 75 WEST OF THE 6TH P.M. TOWN OF FRASER, COUNTY OF GRAND, STATE OF COLORADO EASEMENT (Drainage) GRANTOR: GRANTEE: GRAND PARK DEVELOPMENT LLC, a Colorado limited liability company Address: Post Office Box 30, Winter Park, Colorado 80482 TOWN OF FRASER, COLORADO, acting by and through its Board of Trustees Address: Post Office Box 370, Fraser, Colorado 80442 For and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, in hand paid, the receipt whereof is hereby irrevocably acknowledged by GRANTOR, GRANTOR (whether one or more persons) hereby grants, bargains, sells and conveys to GRANTEE, its successors and assigns forever, a perpetual, non-exclusive easement (the "Easement") on, over, above, below and across the property described on Exhibit "A" attached hereto and incorporated herein by this reference (the "Easement Parcel"), with all its appurtenances. This Easement is granted for the purpose of installation, maintenance and operation of storm drainage ways and facilities, above and below ground, including but not limited to concrete pans, sideslopes, berms, storm water drainage pipes, inlet and outlet facilities, and collection and discharge facilities ("Drainage Facilities"). GRANTEE and its successors and assigns shall have the right to construct, maintain, repair, replace, and operate such Drainage Facilities and other improvements within the Easement Parcel as are necessary or convenient for the above -described purposes. GRANTEE may enlarge such Drainage Facilities for the above - described purpose, but only with the express written consent of GRANTOR. The Easement includes the right of ingress and egress across the Easement Parcel for such purposes and includes a temporary easement for ingress and egress of 10 feet on either side of the Easement for the purpose of construction of the Drainage Facilities. Nothing contained herein shall obligate the Board of Trustees of Fraser to construct or install any such facilities or improvements. By its acceptance of this Easement, GRANTEE, for itself and its successors and assigns, does hereby covenant and agree with the GRANTOR, its successors and assigns, that GRANTEE will restore the surface of the land within the Easement Parcel to substantially the same condition as existed immediately prior to the commencement of any construction, maintenance, repair, enlargement or other activities by the GRANTEE, its successors and assigns, or such modified condition as is consistent with the easement purposes described herein. GRANTOR, as the owner of the property described on Exhibit "B" attached hereto, for itself and its successors and assigns, does hereby covenant and agree to maintain the drainage ways and structures on the drainage basin immediately adjacent and immediately upgradient to the Easement Parcel and leading to the said Easement Parcel so that stormwater and irrigation tail water runoff from up -gradient drainage basin is directed to the inlet structure constructed by GRANTEE on the Easement Parcel, and does further covenant and agree to take reasonable steps to prevent such runoff from flowing outside the Easement Parcel or otherwise entering the RECEPTION#: 2014001032, 02/25/2014 at 12:20:00 PM, 1 OF 7, R $41.00 , Additional Names Fee: Doc Code:EAS Sara L. Rosene, Grand County Clerk, Colorado adjoining property described in the instrument recorded at Reception. No. 2004-013094 of the Grand County records, at other locations and to prevent such runoff from being directed to the road right-of-way known as Old Victory Road and associated drainage facilities, located in and owned by the Town of Fraser, Colorado, except as otherwise provided in development agreements or drainage plans heretofore or hereafter approved by the Town of Fraser. GRANTOR, for itself and its successors and assigns, does hereby covenant, grant, bargain and agree to and with GRANTEE, its successors and assigns, that at the time of the ensealing and delivery of this Deed, GRANTOR was lawfully seized of an indefeasible estate, in fee sirnple in and to the Easement Parcel and the property described on Exhibit "B", and had good right, full power and authority to convey the same, and that the same are free from all encumbrances of whatever kind or nature soever, except for general real property taxes for the current year; except for easements, covenants and restrictions of record, if any; and except for the lien of the Deed of Trust which is being subordinated to this instrument as provided below. The GRANTOR shall and will warrant and forever defend the above -bargained premises in the quiet and peaceable possession of GRANTEE, its successors and assigns, against all persons who may lawfully claim the whole or any part thereof. This Easement shall become effective as of the date this instrlunent is recorded in the office of the Clerk and Recorder of Grand County, Colorado. STATE OF( ss. COUNTY OF (;:live BY: GRANTOR: GRAND Colora+ o PMENT, LLC, a y company pscomb, President The foregoing instrument was acknowledged before me this / day of 203 by C. Clark Lipscomb, as President of GRAND PARK DEVELOPMENT, LLC, a Colorado limited liability company, the above named Grantor. Witness my hand and official seal. My Commission expires: (SEAL) c E AEA 0-4 0E ',NU iRY [Continued on next page] -2- The undersigned, U.S. BANK NATIONAL ASSOCIATION ("Lienholder"), as the beneficiary of the Deed of Trust recorded July 16, 2012 at Reception No. 2012005143 of the Grand County records, joins in the execution of this instrument and hereby subordinates its Deed of Trust to the easement granted in the foregoing Easement Deed. SIGNED THIS I day of at Ak.k , 20 (c. LIENHOLDER: KELVIN IATI NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20124024509 MY COMMISSION EXPIRES APRIL 17, 2016 U.S. BANK NATIONAL- SSOCIATION STATE OF /orap9-O ) ) ss. COUNTY OF °ewe' ) The foregoing instrument was ack owledged before me this ,(h day of a�La�c , 2013_by T 3ci -) 64(x: �� , as of U.S. BANK -NATIONAL ASSOCIATION, the above named Lienholder. Witness my hand and official seal. My Commission expires: (SEAL) Notary Public -3- LEGAL DESCRIPTION A tract of land located in Section 20, Township 1 South, Range 75 West of the 6th P.M., Town of Fraser County of Grand State of Colorado, said tract being more particularly described as follows; Commencing at the Northeast corner of the Southeast % of the Southwest /a of said Section 20, from whence the Northwest corner of the Southeast %of the Southwest I% of said Section 20 bears South 9°58'23' West, with all bearings contained herein being relative thereto (Basis of Bearing); Thence along the south line of the Northeast quarter of the Southwest quarter of said Section 20, South 89°58'23' West, 932.26 feet to the Point of Beginning, Thence continuing along said south line South 89°58'23" West, 40.00 feet; Thence leaving said south line, South 00°00'00" East, 20.00 feet; Thence North 89°58'23" East, 5.00 feet; Thence South 00°00'00 East, 38.21 feet to a point of curvature; Thence along the arc of a curve to the left, 30.16 feet to a point of non —tangency, having a radius of 40.00 feet and a central angle of 43'11'41", the chord of which bears South 21'35'51" East, 29.45 feet; Thence North 46°48'19" East, 30.00 feet to a point of non —tangent curve; Thence along the arc of a curve to the right, 7.54 feet to a point of tangency, having a radius of 10.00 feet and a central angle of 43'11 41", the chord of which bears North 21'35`51' West, 7.36 feet; Thence North 00°00'00" East, 38.22 feet; Thence North 89°58'23" East, 5.00 feet; Thence North 00°00'00" East, 20.00 feet to the Point of Beginning, Said tract of land contains 0.06 acres, more or less, 1, David R. Lutz a duly licensed land surveyor in the State of Colorado, do hereby certify that this legal description and exhibit map represents the results of a surveX,�,r+mmniefid,4 me or under my direction. 0 p0 REG<. David R. Lutz P Colorado Profess Land Surveyor NoJ Page 1 of 2 Job No, 12-002 LEGAL DESCRIPTION & EXHIBIT MAP SECTION 20, TOWNSHIP 1 SOUTH, RANGE 75 WEST OF THE 6th P.M. TOWN OF FRASER, COUNTY OF GRAND, STATE OF COLORADO • • • 10' ELECTRICAL ESMT BOOK 241 PAGE 899 • • FOREST MEADOWS SOLAR COMMUNITY RESUB OF TRACTS D & E PARCEL C, BLOCK 1 OWNER: FRASER VALLEY INVESTMENTS, LLC NW CORNER SE 14 SW/4 S20 T1S R75 SOUTH LINE NE y SW Y ALUMINUM CAP SEC 20 PLS #25971 o 'o O o b N O POINT OF BEGINNING S 89'58'23" W BASIS OF BEARING 40.00' `'' 932.26' 2511SQ. FT, 0.06 ACRES t O `0pp o . 0 N Z 5.00 N 89'58'23" METES AND BOUNDS PARCEL OWNER: GRAND PARK DEVELOPEMENT, LLC Page 2 of 2 S 00'00'00" E L=30.16' R=40.00' I=43'11'41" CH=S21'35'51 'E 29.45' O Denotes only a change of direction or legal description call, not a set monument. w 0 O IN O N P 00 0 O 89'58'23" E POINT OF COMMENCEMENT NE CORNER SE 74 sw%4 S20 r1 S R75 ALUMINUM CAP PLS# 1415 20' ELECTRICAL ESMT REC. NO. 97006496-97 L=7.54' R=10.00' 1=43'11'41" CH=N21 '35'51"W 7.36' SCALE 1"=20' 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 from the date of the certification shown. Job No. 12-002 i� 3v 23 at FS S � I N LEGAL DESCRIPTION & EXHIBIT MAP SECTION 20, TOWNSHIP 1 SOUTH, RANGE 75 WEST OF THE 6TH P.M. TOWN OF FRASER, COUNTY OF GRAND, STATE OF COLORADO EXHIBIT B PROPERTY DESCRIPTION: A portion of the real property owned by Grand Park Development LLC, located in the SE1/4SW1/4, Section 20, Township 1 South, Range 75 West, in Grand County, Colorado, more particularly described as follows: 19.90 AC+/- IN THE SE4SW4 SEC 20 T1S R75W LYING SOUTH OF US HWY 40 ROW LESS 3.04 AC+/- US HWY 40 ROW DESC IN B/244 P/75 AND LESS 5 AC+/- IN W2SE4SW4 DESC IN B/415 P/626 AND LESS PT COZENS MEADOW AT GRAND PARK DESC AT REC NO 2007006785 AND LESS PT COZENS POINTE AT GRAND PARK REC NO 2006-009841 LESS VICTORY RD PER DEED 2009001131 & LESS PLAT DESC AT 2011009508; as generally shown on the map attached hereto and incorporated herein by this reference. Map http://co.grand.co.us/aspnet_client/ESRI/WebADF/PrintTaskLayoutTemp... Map Parcels Parcels Town Limits 0 1 of 1 01/17/13 11:34 AM MEMORANDUM OF AGREEMENT This memorandum of agreement dated /c"$2 9 " /02 , confirms the understanding and agreement of the Town of Fraser, Colorado (the "Town"), whose address is PO Box 370, Fraser, CO 80442, acting by and through its undersigned Town Manager, and Michael Scott Emery and Jennifer Lynn Emery (Emery"), whose address is PO Box 791, Winter Park, CO 80482. The Town is a party to a Settlement Agreement entered into in connection with Civil Action No. 2010CV143 in the District Court for the County of Grand, State of Colorado, which Agreement contemplates the installation of a drainage pipe under U.S. Highway 40 to carry storm water and irrigation runoff water from the south side of the Highway to the Fraser River (the "Pipe Crossing Project"). To facilitate such Project, the Town desires to obtain a drainage easement over property owned by Emery, and Emery is willing to provide such easement on the terms set forth in this Memorandum of Agreement. THEREFORE, the parties agree as follows: 1. Emery agrees to execute the Easement Deed, a copy of which is attached hereto as Exhibit "A", and obtain the signature of their lender on the subordination provision included in said Deed, and to deliver the executed original of said Easement Deed to the Town not later than January , 2013. The Town will hold such Easement Deed in escrow pending the Town's award of the construction contract for the Pipe Crossing Project, at which time the Easement Deed shall be recorded in the office of the Clerk and Recorder of Grand County, Colorado. 2. In consideration for Emery's grant of the drainage easement, the Town agrees to provide Emery with a credit for the plant investment fee otherwise payable for a one -inch (1 ") commercial water connection to the Town's domestic water system, which connection is equivalent to 2 SFE's currently charged at a rate of $7,700 per SFE, for a total consideration of $15,400. Such credit may be used only for a commercial water connection on Emery's property where the drainage easement is located, as described on Exhibit "B" attached hereto. Emery may use such credit to complete the water connection at any time after the Town awards a construction contract for the Pipe Crossing Project, subject to the contingency provided in Paragraph 4 below. Emery shall comply with the Town's regulations then in effect with regard to such connection, other than payment of the plant investment fee. Water service fees shall accrue from the time the connection is completed. 3. Storm water drainage from Emery's property described on Exhibit "B" currently runs onto and across the adjoining property owned by the Town before entering the Fraser River. The Town agrees to continue to accommodate such drainage in the event of future development of the Emery property, subject to compliance with the Town's development regulations and review and approval of the specific drainage plans for the property. 4. The agreement provided herein is contingent upon construction of the Pipe Crossing Project in accordance with the Settlement Agreement referred to above. If, for any reason, the Settlement Agreement is terminated before the award and execution of a construction contract for the Pipe Crossing Project, then this agreement shall be null and void and of no effect. In the event of such termination, the Town shall return the original of the Easement Deed to Emery and Emery shall not be entitled to the plant investment fee credit provided in Paragraph 2 hereof. 5. Any notice or other communication pursuant to this agreement shall be in writing and shall be effective upon mailing by certified mail, return receipt requested, with postage prepaid, addressed to the intended party at address set forth in the first paragraph hereof. The parties, with their signatures, execute this Memorandum of Agreement effective the date first mentioned above. TOWN OFF OLORADO: ; own M. eager Michael Scott Emery EMERY: "77 f\J ifer Lynn Emer -2- EASEMENT DEED (Drainage) GRANTOR: MICHAEL SCOTT EMERY and JENNIFER LYNN EMERY Address: Post Office Box 791, Winter Park, Colorado 80482 GRANTEE: TOWN OF FRASER, COLORADO, acting by and through its Board of Trustees Address: Post Office Box 370, Fraser, Colorado 80442 For and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, in hand paid, the receipt whereof is hereby irrevocably acknowledged by GRANTOR, GRANTOR (whether one or more persons) hereby grants, bargains, sells and conveys to GRANTEE, its successors and assigns forever, a perpetual, non-exclusive easement on, over, above, below and across the property described on Exhibit "A" attached hereto and incorporated herein by this reference (the "Easement Parcel"), with all its appurtenances. This easement is granted for the purpose of installation, maintenance and operation of storm drainage ways and facilities, above and below ground, including but not limited to storm water drainage pipes, inlet and outlet facilities, and collection and discharge facilities ("Drainage Facilities"). GRANTEE and its successors and assigns shall have the right to construct, maintain, repair, replace, enlarge and operate such Drainage Facilities and other improvements as are necessary or convenient for the above -described purposes. The easement includes the right of ingress and egress for such purposes. Nothing contained herein shall obligate the Board of Trustees of Fraser to construct or install any such facilities or improvements. By its acceptance of this Deed, GRANTEE, for itself and its successors and assigns, does hereby covenant and agree with the GRANTOR, its successors and assigns, that GRANTEE will restore the surface of the land within the Easement Parcel to substantially the same condition as existed immediately prior to the commencement of any construction, maintenance, repair, enlargement or other activities by the GRANTEE, its successors and assigns, or such modified condition as is consistent with the easement purposes described herein. By its acceptance of this Deed, GRANTEE, for itself and its successors and assigns, agrees to indemnify and hold GRANTOR, its successors and assigns harmless, to the extent GRANTEE is lawfully permitted to do so, from and against any and all claims which may be brought against GRANTOR and which arise out of injury or alleged injury occurring to third parties as a result of the use of the easement herein granted, except for any such injury or alleged injury which is caused by the willful act or gross negligence of GRANTOR. The parties hereto understand and agree that GRANTEE is relying on, and does not waive or intend to waive by any provision of this Deed, the monetary limitations or any other rights, immunities, and protections provided by C.R.S. 24 10 101 et seq., as from time to time amended, or otherwise available to GRANTEE, its officers and employees. The parties hereto further understand and agree that GRANTOR likewise is relying on, and does not waive or intend to waive by any provision of this Deed, the monetary limitations or any other rights, immunities, and protections provided by the provisions of C.R.S. 33 41 101 et seq., as from time to time amended, or otherwise available to GRANTOR. GRANTOR, for itself and its successors and assigns, does hereby covenant, grant, bargain and agree to and with GRANTEE, its successors and assigns, that at the time of the ensealing and delivery of this Deed, GRANTOR was well seized of the premises above conveyed, had good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and had good right, full power and authority to grant, bargain, sell and convey the same in the manner and form as aforesaid, and that the same are free from all former and other grants, bargains, sales, liens, taxes, assessments and encumbrances of whatever kind or nature soever, except for general real property taxes for the current year; except for easements, covenants and restrictions of record, if any; and except for the lien of the Deed of Trust which is being subordinated to this instrument as provided below. The GRANTOR shall and will warrant and forever defend the above -bargained premises in the quiet and peaceable possession of GRANTEE, its successors and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. This Easement Deed and the drainage easement provided herein shall become effective as of the date this instrument is recorded in the office of the Clerk and Recorder of Grand County, Colorado. GRANTOR: Michael Scott Emery Jennifer Lynn Emery STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 20 , by Michael Scott Emery and Jennifer Lynn Emery, the above named Grantor. Witness my hand and official seal. My Commission expires: (SEAL) Notary Public [Continued on next page] -2- The undersigned, BANK OF THE WEST, formerly known as Community First National Bank, of Fraser, Colorado ("Lienholder"), as the beneficiary of the Deed of Trust recorded April 23, 2002 at Reception No. 2003-005140 of the Grand County records, as modified by the Modification of Deed of Trust recorded May 7, 2010 at Reception No. 2010003674, joins in the execution of this instrument and hereby subordinates its Deed of Trust to the easement granted in the foregoing Easement Deed. SIGNED THIS day of , 20 . LIENHOLDER: BANK OF THE WEST BY: TITLE: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this , 20 by , as BANK OF THE WEST, the above named Lienholder. Witness my hand and official seal. My Commission expires: day of (SEAL) Notary Public -3 of EXHIBIT A LEGAL DESCRIPTION A 30 foot wide utility and maintenance easement over, across and on Lot 2, Handel Subdivision Exemption, Section 20, Township 1 South, Range 75 West of the 6th P.M., Town of Fraser, County of Grand, State of C`olorado, said easement lying 15.0 feet on each side of the following described centerline; Commencing at the Northeast corner of the Southwest 1/4 of the Southwest % of said Section 20, frorp whence the Northwest corner of the Southwest 1/4 of the Southwest � of said Section 20 bears South 9°58'23' West, ith all bearings contained herein being relative thereto (Basis of Bearing); Thence North 79°47'35" West, 944.58 feet to a point on the northerly right of way line of US Highway 40, said point being the Point of Beginning; Thence North 09°00'53" East, 34.29 feet to a point on the north line of said Lot 2, Handel Subdivision Exemption, said point being the Point of Terminus of said 30 foot wide utility and maintenance easement, the side lines of which are to be lengthened or shortened to intersect said northerly right of way line of US Highway 40 and said north line of Lot 2, Handel Subdivision Exemption. Said easement contains 0.02 acres, more or less. I, David R. Lutz a duly ,UfmwtMtlidd„),and surveyor in the State of Colorado, do hereby certify tha �o't}� I@§011 619,scription and exhibit map represents the results of a su �ia+ ;bys, k or under my direction. • :,s David R. Lutz PLS=o : 12-21-12 Colorado Prof!essione(AF`• ' • , c Land Surveyor No. 3-05.6.. .•',.,\Sc4.-c Page 1 of 2 Job No. 12-002 agt z r�r S Ef LEGAL DESCRIPTION & EXHIBIT MAP SECTION 20, TOWNSHIP 1 SOUTH, RANGE 75 WEST OF THE 6th P.M. TOWN OF FRASER, COUNTY OF GRAND, STATE OF COLORADO Page 2 of 2 10' UTILITY ESMT REC. NO. 2001009655 NW CORNER SW 14 SW 4 S20 T1S R75 $ALUMINUM CAP PLS #25971 POINT OF TERMINUS LOT 2 HANDEL SUBDIVISION EXEMPTION OWNER: SCOTT AND JEN EMERY PO/NT OF BEGINNING SOUTH LINE NE A, S 89.58'23" W sw ) SEC 20 BASIS OF BEARING *Denotes only a change of direction or legal description call, not a set monument. 0001111111 cPcp REGf/• ,.,, 12-21-12 d)�NAL LAN• ��o�\ r"rnnuuuuna"` POINT OF 9 4?35„ COMMENCEMENT NE CORNER SWV4SW14 S20 T1S R75 ALUMINUM CAP PLS /11415 SCALE 1 "=20' 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 from the date of the certification shown. Job No. 12-002 egl002 rrto LEGAL DESCRIPTION & EXHIBIT MAP SECTION 20, TOWNSHIP 1 SOUTH, RANGE 75 WEST OF THE 6TH P.M. TOWN OF FRASER, COUNTY OF GRAND, STATE OF COLORADO EXHIBIT B EMERY PROPERTY DESCRIPTION A part of the NE1/4SW1/4 of Section 20, Township 1 South, Range 75 West of the 6th P.M., described as follows: Beginning at a point where the Northerly right of way line of U.S. Highway 40 intersects the South line of the NE1/4SW1/4 whence the S1/4 corner of said Section 20 bears South 22°18' East, for a distance of 1,427.1 feet; thence North 89° 42' East, along the South line of said NE1/4SW1/4, for a distance of 417.5 feet; thence North 65° 31' West, parallel with said highway right of way line, for a distance of 497.8 feet; thence South 89° 42' West, parallel with the South line of said NE1/4SW1/4, for a distance of 417.5 feet to a point on said highway right of way line; thence South 65°31' East, along said right of way line, for a distance of 497.8 feet to the Point of Beginning. County of Grand, State of Colorado. The property is located in GRAND County at 76827 US HWY 40, FRASER, Colorado 80442.